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2014 Supreme(SC) 485

SUDHANSU JYOTI MUKHOPADHAYA, DIPAK MISRA
AMAR SINGH YADAV – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA,J

These appeals are directed against the common judgment dated 16th February, 2010 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1942 of 2009 and Reference No.5 of 2009. By the impugned common judgment, the High Court dismissed the appeal and confirmed the conviction and sentence for the offence punishable under Section 302, 307 and 436 IPC and thereby answered the Reference in confirming the death sentence.

2. The case of the prosecution in short is that Urmila Devi was married to accused Amar Singh Yadav, who was posted as Constable in Police Chowki Gurdev Palace, Kanpur. Three daughters, Mamta, aged 24 years; Pooja aged 22 years; and Sudha 18 years and one son, Pankaj Yadav, aged 13 years were born from their wedlock. Amar Singh had developed illicit relationship with two other women, namely, Shashi of Kanpur and Rani of Bharthana, causing differences in the family. Urmila got effected deduction of half salary of the accused from the Department directly to pull on the expenses of the family. On account of such deductions of salary and illicit relationship, the accused became determined to cause the death of his wife,























































































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