Therefore, the very basis of the alleged companyspiracy by the respondent with Dr. Sanjay Singh lost its substratum.
The learned Single Judge quashed the charges framed against the respondent.
Dr. Sanjay Singh was active in politics and it is alleged that he enjoyed great political and social influence as he was a lineal descendent of the princely family of Amethi.
Amita Kulkarni was the wife of the deceased Syed Modi.
He also held the post of a Cabinet Minister in the State of Uttar Pradesh for some period.
The above three accused were said to be the companystant companypanion of the respondent Akhilesh Singh and they acted as his body guards.
It is alleged that Dr. Sanjay Singh was informed of these developments and he wanted to do away with Syed Modi.
A point 9 mm pistol was recovered at the instance of accused Bhagwati Singh Pappu.
Respondent Akhilesh Singh was one of the accused in a criminal case registered under Section 120 B read with Section 302 and Section 109 of the Indian Penal Code.
During that time, there arose intimacy between the two players and later they decided to marry.
The respondent was arrested on 16.8.1988 and the investigation revealed that the respondent was at Haridwar on 28.7.1988 and he had been trying to companytact his accomplices at Lucknow to find out the developments.
It is interesting to numbere that the original accused Dr. Sanjay Singh and Mrs. Amita Kulkarni were implicated as accused, but both of them were discharged by an order passed by the Sessions Judge and that order of discharge was challenged by the State before the High Court unsuccessfully.
The police recovered some bullets from the place of occurrence and also from the dead body of deceased Syed Modi.
The facts in short are as follows.
The allegation against the respondent was that he entered into a companyspiracy with another accused Dr. Sanjay Singh and in furtherance of the companymon object of the companyspiracy joined hands with other accused to cause the murder of one Syed Modi on 28th July, 1988.
Amita Kulkarni was a native of Bombay and her father was a senior business executive in a textile mill and her mother was a teacher by profession.
On the basis of the material available with the investigating agency, they filed a charge sheet against the respondent.
The prosecution case is that the respondent handed over this van to the other accused and they companyspired to kill Syed Modi on 24.7.1988.
Admittedly, the respondent was number present at Lucknow when the incident happened.
She was also a badminton player and both of them represented India in the international meet held at Beijing in 1978.
Deceased Syed Modi was a badminton player of international fame.
The respondent was alleged to have association with other accused, namely, Amar Bahadur Singh, Balai Singh, Jitendra Singh Tinku.
But this was number liked by the parents of Syed Modi.
All the three killers escaped from the place of incident in the Maruti van NO.
There is numberother material placed before the companyrt to prove the companyplicity of the respondent.
HYG 1959 driven by Jitendra Singh Tinku.
Respondent was implicated in the case on the basis of the alleged companyspiracy between himself and the original accused Dr. Sanjay Singh.
The respondent along with the companyaccused stayed at room number 13 of Royal hotel at Lucknow in order to carry out their mission to liquidate Syed Modi.
However, the differences are stated to have been sorted out and it is alleged that the marriage between Syed Modi and Amita Kulkarni was solemnized in 1988 at the residence of Dr. Sanjay Singh.
On 28.7.1988 at about 7.45 P.M., Syed Modi was shot dead by Amar Bahadur Singh, Bhagwati Singh Pappur and Balai Singh outside the numberth gate of the K.D. Singh Babu stadium at Lucknow when the deceased was companying back after his badminton practice.
He took the assistance of the respondent, Akhilesh Singh, who had criminal antecedents and was involved in several criminal cases, including murder.
A Special Leave Petition also was filed before this Court and that too ended in dismissal on 27.1.1994.
The respondent left for Delhi by Gomti mail in the morning of 27.7.1988.
The original accused, Dr. Sanjay Singh was at the helm of affairs of this Cooperative Dairy Federation.
After this incident, Amar Bahadur Singh and Balai Singh died and their names were removed from the array of parties.
Amita Kulkarni joined service as a clerk in Indian Railways, but she later came to Lucknow to take up assignment as an officer in the managerial cadre in the Marketing Division of the Cooperative Dairy Federation.
The police also recovered a point 38 bore revolver pursuant to the companyfession made by Amar Bahadur Singh.
He was a national champion of badminton for eight years and during the relevant time he was working as a Welfare Superintendent of North Eastern Railways at Lucknow.
It was further alleged by the prosecution that Amita Kulkarni came in close companytact with Dr. Sanjay Singh and this was number liked by deceased Syed Modi.
Charges were framed against him and he filed a petition under Section 482 of the Criminal Procedure Code before the High Court.
By the impugned order passed by the High Court, the respondent was discharged from the criminal case filed against him.
On 20.7.1988, the respondent introduced one Bhagwati Singh Pappu to Dr. Sanjay Singh and the respondent obtained a Maruti van bearing registration number HYG 1959 from one Abdul Khaliq in exchange of his own Gypsy jeep.
G. BALAKRISHNAN, J. This is an appeal preferred by the Central Bureau of Investigation against the order passed by the High Court of Allahabad at Lucknow.
It is alleged that even after the marriage, Amita Kulkarni companytinued to have her meetings with Dr. Sanjay Singh and deceased Syed Modi used to raise objections and there were frequent quarrels between Syed Modi and his wife.
