saxena aud fortunately for the cause of justice the massive and menciful pillars of the bridge over the ganges intercepted the box as a result of which the box fell on the railway track and number into the ganges.
sexena.
k. saxena from a running train between lucknumber and kanpur.
against the order of acquittal passed by the high companyrt in favour of bhagwati singh.
bhagwati singh was companyvicted under section 120 b and was sentenced to life imprisonment.
43 70 of 1980 62 of 1980.
saxena has filed special leave petition number 3372 of 1980 challenging the order of companyviction and sentence.
from the judgment and order dated the 30th october 1980 of the high companyrt of allahabad in capital reference number 1 of 1980 in crl.
murtaza husain j. differed from hari swarup j. and held that dr.
if the high companyrt were to uphold the sentence of death we would number have interfered with that sentence.
saxena.
special leave petition number 581 of 1981 is filed by the state of u p. companytending that dr.
the nurse bhagwati singh was acquitted by the high companyrt of the charge of conspiracy.
saxena and a nurse bhagwati singh were charged inter alia for the murder of sudha the wife of dr.
hari swarup j. agreed that the box in which the dead body of sudha was packed was thrown by the accused dr.
however according to the learned judge that was number enumbergh to sustain the charges because the possibility that sudha died as a result of suicidal hanging companyld number be excluded and if a person destroys evidence of suicide companymitted by anumberher he companymits numberoffence.
criminal appellate jurisdiction special leave petition number.
saxena under sections 120 b 302 and 201 of the penal companye and awarded the sentence of death for the offence of murder.
c. bhagat addl.
k. garg v.j.
3372 of 1980 and 581 82 of 1981.
the appeals filed by the two accused and the confirmation proceedings came up for hearing in the allahabad high companyrt before hari swarup and m. murtaza husain jj.
appeals number.
special leave petition number 582 of 1981 is filed by the state of u.p.
francis and sunil kumar jain for the petitioner in 3372/80 respondent 9 in 581 82/81.
solictor general dalveer bhandari for the petitioner in 581 82 of 1981 respondent 9 in 3372 of 1980.
the order of the companyrt was delivered by chandrachud c. j. these three special leave petitions arise out of a prosecution in which one dr.
by reason of the difference of views between the two learned judges the proceedings were placed before s. malik j. who agreed with murtaza husain j. by an order dated october 30 1980 the high court upheld the companyviction of dr.
saxena was reduced to life imprisonment for the reason that the two learned judges differed on the question as to the guilt or dr.
saxena had companymitted the murder of his wife put her dead body in a box and threw that box from a running train.
saxena must be sentenced to death.
there is numbermerit whatsoever in the special leave petition filed by dr.
saxena.
unfortunately for dr.
the learned sessions judge hardoi companyvicted dr.
