ORDER

1. This SLP is filed by the State of U.P. represented by the Central Bureau of Investigation, C.G.O. Complex, Lodi Road, New Delhi, against the judgment dated 9-2-1992 of the High Court of Allahabad, Lucknow Bench rendered in Criminal Revision Application No. 339 of 1990 dismissing the revision and affirming the order of the learned Sessions Judge, Lucknow, made in Session Trial No. 293 of 1989 discharging Respondents 1 and 2 herein who were arrayed as accused 1 and 2 before the said trial court.

2. The brief facts of the case which led to the filing of this petition are as follows.

3. The deceased herein, namely, Shri Syed Modi was a National Badminton Champion for 8 years and he represented India in various international championships. He was promoted as Sports Superintendent in 1984 at Lucknow and was subsequently promoted as Senior Welfare Superintendent in North Eastern Railways, Lucknow which post he held at the time of his murder on 28-7-1987.

4. The 1st respondent, namely, Shri Sanjay Singh was a Minister in Uttar Pradesh from 22-7-1982 to 22-8-1987 holding the portfolio of Forests, Dairy, Fisheries, Transport etc. In 1984 the portfolio of Sports was also allotted to him from 9-2-1984 to 12-3-1985. Besides, he was the Chairman of the Cooperative Dairy Federation Ltd., at Lucknow during 1984 to 1987.

5. The second respondent, Smt Amita Kulkarni Modi did her B.A. (Final) privately as a teacher candidate from Lucknow University in the year 1983-84 although she was in government service in the Central Railways, Bombay holding the post of Senior Clerk. In February 1984 the second respondent came to Lucknow for appearing in B.A. Examination conducted by Lucknow University and since then she continued to stay at Lucknow after resigning her job in Railways. Then she was appointed as Marketing Manager in Lucknow against a post in the Sports quota created at the behest of the first respondent.

6. The deceased and the second respondent came into contact with each other when both of them had gone to Beijing (China) for participating in the Third International Asian Invitation Championship in 1978. Thereafter, thedeceased who fell in love with the second respondent married the second respondent on 14-5-1984 under the Special Marriage Act. It is said that even before the marriage, second respondent was having positive leanings towards the first respondent from the beginning of 1984, in spite of her engagement with Syed Modi. This intimacy and the extramarital relationship of the second respondent with the first respondent, according to the prosecution, was well within the knowledge of the deceased.

7. It is a case of the prosecution that some time thereafter the deceased did not like this relationship and repeatedly asked the second respondent to give up her association with the first respondent, who was also a Badminton champion. But, the second respondent did not accede to the advice of the deceased-husband. It is the further case of the prosecution that on account of this resentment on the part of the deceased, these two respondents along with accused 3 to 7 (of whom A-4 Aman Bahadur Singh and A-7 Balai Singh were subsequently murdered) hatched the conspiracy to put an end to the life of the deceased.

8. Some time between June 1988 and 20-7-1988 all the accused inclusive of the respondents entered into a criminal conspiracy to commit the murder of the deceased and in pursuance of the said conspiracy the deceased was shot dead on 28-7-1988 while he was emerging out of the Stadium at Lucknow. On the above allegations, the prosecution sought to prosecute A-l to A-7 for an offence under Section 120-B read with Section 302 IPC, besides prosecuting A-3 to A-7 under Section 302 read with Section 34 IPC and A-4 (before the trial court) under Section 25 read with Section 27 of the Indian Arms Act and A-6 (before the trial court) under Section 302 read with Section 34 and A-7 (before the trial court) under Section 27 of the Arms Act.

9. These