M. C. Jain, J. - (1.) -The State has come up in appeal against judgment dated 22.5.1993 recorded by Sri V. N. Chaddha, the then Vth Additional Sessions Judge, Varanasi in Sessions Trial No. 223 of 1985 acquitting the accused respondent Ravindra Kumar Gupta of the charge of Section 302, I.P.C. relating to the murder of his own wife Shakuntala.
(2.) THE relevant facts may be related shortly to appreciate the discussion that has to follow. THE genesis of the prosecution case was the F.I.R. lodged at P.S. Cantt. district Varanasi on 5.6.1985 at 7.25 a.m. by Radhey Shyam Gupta brother of the deceased the incident having taken place the same day at about 5 a.m. in Ardeli Bazar at a distance of about 3 kms. from the police station. The deceased had been married with the accused respondent about 14 years before the incident. At the time of marriage, because of weak financial status of her parents, they could not afford the dowry as per the expectations of the accused respondent. However, their condition improved, subsequently Vijay Laxmi younger sister of the deceased was married on 16th May, 1985 at Khalilabad which they could perform with greater expenditure and better dowry. The accused respondent and deceased had also attended that marriage. The couple had three children. The accused respondent turned jealous noticing that better dowry had been given in the marriage of younger sister of his wife. Quarreling and expressing his displeasure, he returned from Khalilabad on 19.5.1985 against the wishes of his in-laws. He was living as a tenant in house No. S6/108, Ardeli Bazar, P.S. Cantt., district Varanasi and was engaged in the profession of advocacy. He was harassing and nagging his wife with repeated thrashing to get Rs. 10,000 and other articles from her parents. She was being threatened of her death. She informed her parents side of her woes and misery orally and through letters. She had also informed them that her husband had illicit relations with some lady and was ill-treating her on this account too to get rid of her. She apprehended danger to her life at his hands. On 3.6.1985, through an acquaintance Pradeep Kumar Singh P.W. 3 she had sent a letter to her brother Radhey Shyam Gupta P.W. 1 (informant). She implored her brother thereby to take her from her husband's home. Alarmed, on 3.6.1985 Radhey Shyam Gupta P.W. 1 (brother of the deceased) sent his younger brother Dev Prakash P.W. 2 to her. In the presence of Dev Prakash also, the accused respondent quarreled with the deceased and assaulted her. When Dev Prakash tried to intervene, he gave beating to him also. He returned to his elder brother Radhey Shyam Gupta P.W. 1 and narrated to him the entire happening. Dev Prakash P.W. 2 was medically examined also on 3.6.1985 at 3.30 p.m. and as per the medical examination report Ext. Ka-12, a lacerated wound 1 cm. 1/.2 cm. skin-deep on front of head just 6 cm. over the bridge of nose, surrounded by traumatic swelling was found on his person. The injury was simple and caused by blunt object. The matter was reported by him to police also through Ext. Ka-2 alongwith copy of letter of his sister which she had sent through Pradeep Kumar Singh the previous day.
(3.) AS the situation worsened, on 4.6.1985 at about 6 p.m., Radhey Shyam Gupta P.W. 1 went to his sister's house to bring her back with him. The talks with the accused respondent did not yield any result and the latter insisted for further talks the following day. He decided to stay at his sister's house during the night. His sister told him secretly that in case of his not taking her with him, her husband would kill her. In the night, Radhey Shyam Gupta P.W. 1 slept in one room and his sister's family at another place on the open roof on western side (over Chaurasiya Medical Store) in the same house. At about 5 a.m. on 5.6.1985 Radhey Shyam Gupta P.W. 1 woke up on shouts. From the roof of second floor, the landlord and his two servants were shouting that the accused respondent had just gone away after burning his wife. He went upstairs and saw his sister lying badly burnt with smelling of kerosene. He wrote down the F.I.R. and lodged the same at the police station. On the case being registered, the investigation was started by S.I. Bhagwant Prasad Arya P.W. 8. Ram Shiroman, C.O. P.W. 10 was the second Investigating Officer and it was concluded by his successor C.O. Praveen Singh P.W. 11.;