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2021 Supreme(SC) 519

K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Ramesh Chandra Srivastava – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gaurav Srivastava, AOR
For the Respondent: Mr. Adarsh Upadhyay, AOR, Mr. Abhishek Chaudhary, Adv., Ms. Sansriti Pathak, AOR

JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. This is yet another case where summons issued purporting to invoke power under Section 319 of the Code of Criminal Procedure (Cr.P.C.) has brought the newly summoned person to this Court.

3. FIR came to be lodged on 27.06.2015 by the second respondent before us. It is inter alia alleged in the FIR that her husband(deceased) told her that he is leaving for work to meet the appellant. There is, in fact, no dispute that the deceased was the driver of the appellant. In the FIR, it is also stated that at 2 p.m., he called and informed the second respondent-his wife that he is going to Gola and shall return by evening. It is thereafter her case that her husband’s phone was switched off and an unidentified dead body was found. The second respondent reported that the murder of her husband was committed by his employer (the appellant before us) with the help of his friends. The statement came to be recorded from her on 27.06.2015. She also gave an additional statement. Thereafter, the police investigated the matter and chargesheet was filed against three persons. Thereafter, the second respondent deposed:

4. In her evidence, she has inter alia depo

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