UMA KOHLI Vs. STATE OF U P

JUDGEMENT

(1.) All these three appeals are directed against judgment and order dated 14.08.1997, passed by 1 st Additional Sessions Judge, Nainital, in Sessions Trial No. 31 of 1990, whereby said court has convicted accused/appellant Uma Kohli under Section 306 of I.P.C., and sentenced her to rigorous imprisonment for a period already undergone and further directed to pay fine of Rs. 10,000/-. However, she has been acquitted of the charge of offence punishable under Section 385 of I.P.C. The trial court has acquitted another accused/respondent Ms. M.S. Usha from the charge of offences punishable under Section 385 and 306 of I.P.C.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that Ms. Rashmi Agarwal (deceased) was a student of M.Sc. (Home Science) IInd year for the session of the year 1987-88 of G.B. Pant University of Agriculture and Technology, Pant Nagar. She used to live in Room No. 47 of Kasturba Hostel within the premises of the University. As per the curriculum prescribed for the second year of M.Sc. (Home Science), a student was required to submit thesis on the topic given to him or her. In the case of Rashmi Agarwal (deceased), she was given a topic of "Effect of variation in consumer price index on purchasing power of the people and nutritive value of diets consumed by them". The deceased was required to complete her thesis under the guidance/advice of Smt. Uma Kohli (appellant in Criminal Appeal No. 1700 of 2001). Co-accused Ms. M.S. Usha was a Dean of Home Science College of the University (she is respondent in Government Appeal No. 78 of 2001). The prosecution case is that Ms. M.S. Usha was friendly with one S.K. Sharma, Deputy Controller (Administration) whose daughter Ms. Shuchismita Jetley was a student of M.Sc. (Home Science) 1 st year. Prosecution has alleged that Mr. S.K. Sharma wanted that the thesis written by Rashmi Agarwal (deceased) be given to Ms. Shushismita Jetley, and he approached the appellant Uma Kohli, advisor of the deceased through co-accused M.S. Usha. But the deceased did not oblige the advisor, whereafter she started making wild allegations against the deceased and tortured her. It is alleged by PW2 Gopal Saran Agarwal (father of the deceased) that when he met appellant Uma Kohli she misbehaved with him. Allegations of the complainant PW2 Gopal Saran Agarwal is that Uma Kohli did not return thesis submitted by his daughter, and ultimately Rashmi Agarwal committed suicide on 23.07.1988. Information of her suicide was given by PW5 Mr. Kunwar Singh Karki, Security Officer, to the University authorities. A First Information Report (Ex. A1) was given by PW2 Gopal Saran Agarwal (father of the deceased) at the Police Station Lalkuan, on the basis of which, Crime No. 203 of 1988 was registered, in respect of offences punishable under Section 385/306/109 of I.P.C., against the accused/appellant Uma Kohli, S.K. Sharma and Ms. M.S. Usha. The investigation was taken up by PW 15 Sub-Inspector Jameel Mohd. Rawat and the same was transferred later to PW13 Incharge Inspector Pritam Singh of CBCID. After investigation, subsequent Investigating Officer submitted charge sheet against the appellant Uma Kohli and Accused/appellant Ms. M.S. Usha for their trial in respect of offences punishable under Section 385, 306 and 109 of I.P.C.