Anil Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136154
CourtPunjab and Haryana High Court
Decided OnMar-25-2014
AppellantAnil
RespondentState of Haryana and Others
Excerpt:
in the high court of punjab and haryana at chandigarh crl.a.no.d-100-db of 2014 date of decision : 25.03.2014 anil ...appellant versus state of haryana and others ....respondents coram :- hon'ble mr.justice satish kumar mittal hon'ble mr.justice kuldip singh present: mr.nipun vashist, advocate, for the appellant. *** satish kumar mittal , j. anil, brother of deceased manju, has filed this appeal against the acquittal of accused smt. sangeeta (respondent no.5 herein) of all the charges framed against her, and the acquittal of accused sunil, anil and mange ram (respondents no.2, 3 and 4 herein) of the offences under sections 304-b, 406 and 506 ipc, vide judgment dated 9.10.2013. in this case, vide the impugned judgment, sunil, anil and mange ram (respondents no.2, 3 and 4).who are husband, brother-in-law and father-in-law, respectively, of deceased manju, have been convicted under section 302 read with section 34 ipc, and vide order dated 11.10.2013, they have been sentenced to undergo life imprisonment and to pay a fine of ` 1,00,000/-, in default to undergo simple imprisonment for dass narotam 2014.04.01 12:31 i attest to the accuracy and integrity of this document crl.a.no.d-100-db of 2014 -2- one year, each. they have filed appeal against their conviction and sentence. smt. sangeeta (respondent no.5).married sister-in-law of the deceased, who was residing separately, has been acquitted of all the charges framed against her. learned counsel for the appellant states that since respondents no.2 to 4 have been convicted for the higher offence and acquitted of the lower offences, he does not want to press this appeal qua them with liberty to argue on alternative charge under section 304-b ipc, if necessity arises, in the appeal filed by respondents no.2 to 4. learned counsel for the appellant argued this appeal only qua respondent no.5. we have heard learned counsel for the appellant and have gone through the reasoning recorded by the trial court for acquittal of respondent no.5. after appreciating the evidence, the trial court has come to the conclusion that as far as respondent no.5 is concerned, the prosecution has failed to prove its case against her beyond reasonable doubt. it has been held that respondent no.5 was residing at gurgaon in her matrimonial home, whereas the occurrence had taken place at faridabad. she was not present on or before the occurrence at the place of occurrence. as per the statement of si rajender singh (pw.18).respondent no.5 came on the spot much after the occurrence, when the dead body of the deceased was to be dass narotam 2014.04.01 12:31 i attest to the accuracy and integrity of this document crl.a.no.d-100-db of 2014 -3- taken to hospital. in this case, dead body of the deceased was found lying on the floor with her head beheaded in front of the kitchen and the floor was splattered with a lot of blood. her feet were tied up with a piece of plastic rope and there was also a red coloured shawl on her feet. it was clearly a homicidal death. case of the prosecution is based upon circumstantial evidence. as far as respondent no.5 is concerned, it has been found that there is no evidence against her in the shape of last seen, recovery, extra judicial confession etc.she was not present at the time of the alleged occurrence. therefore, she was given the benefit of doubt and acquitted of all the charges framed against her. we do not find any illegality or perversity in the judgment of acquittal of respondent no.5 passed by the trial court. in view of the above, this appeal qua respondents no.2 to 4 is dismissed as not pressed with the aforesaid liberty and qua respondent no.5, it is dismissed summarily. ( satish kumar mittal ) judge march 25, 2014 ( kuldip singh ) ndj judge dass narotam 2014.04.01 12:31 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.A.No.D-100-DB of 2014 DATE OF DECISION : 25.03.2014 Anil ...APPELLANT Versus State of Haryana and others ....RESPONDENTS CORAM :- HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL HON'BLE Mr.JUSTICE KULDIP SINGH Present: Mr.Nipun Vashist, Advocate, for the appellant.

*** SATISH KUMAR MITTAL , J.

Anil, brother of deceased Manju, has filed this appeal against the acquittal of accused Smt.

Sangeeta (respondent No.5 herein) of all the charges framed against her, and the acquittal of accused Sunil, Anil and Mange Ram (respondents No.2, 3 and 4 herein) of the offences under Sections 304-B, 406 and 506 IPC, vide judgment dated 9.10.2013.

In this case, vide the impugned judgment, Sunil, Anil and Mange Ram (respondents No.2, 3 and 4).who are husband, brother-in-law and father-in-law, respectively, of deceased Manju, have been convicted under Section 302 read with Section 34 IPC, and vide order dated 11.10.2013, they have been sentenced to undergo life imprisonment and to pay a fine of ` 1,00,000/-, in default to undergo simple imprisonment for Dass Narotam 2014.04.01 12:31 I attest to the accuracy and integrity of this document Crl.A.No.D-100-DB of 2014 -2- one year, each.

They have filed appeal against their conviction and sentence.

Smt.

Sangeeta (respondent No.5).married sister-in-law of the deceased, who was residing separately, has been acquitted of all the charges framed against her.

Learned counsel for the appellant states that since respondents No.2 to 4 have been convicted for the higher offence and acquitted of the lower offences, he does not want to press this appeal qua them with liberty to argue on alternative charge under Section 304-B IPC, if necessity arises, in the appeal filed by respondents No.2 to 4.

Learned counsel for the appellant argued this appeal only qua respondent No.5.

We have heard learned counsel for the appellant and have gone through the reasoning recorded by the trial court for acquittal of respondent No.5.

After appreciating the evidence, the trial court has come to the conclusion that as far as respondent No.5 is concerned, the prosecution has failed to prove its case against her beyond reasonable doubt.

It has been held that respondent No.5 was residing at Gurgaon in her matrimonial home, whereas the occurrence had taken place at Faridabad.

She was not present on or before the occurrence at the place of occurrence.

As per the statement of SI Rajender Singh (PW.18).respondent No.5 came on the spot much after the occurrence, when the dead body of the deceased was to be Dass Narotam 2014.04.01 12:31 I attest to the accuracy and integrity of this document Crl.A.No.D-100-DB of 2014 -3- taken to Hospital.

In this case, dead body of the deceased was found lying on the floor with her head beheaded in front of the kitchen and the floor was splattered with a lot of blood.

Her feet were tied up with a piece of plastic rope and there was also a red coloured shawl on her feet.

It was clearly a homicidal death.

Case of the prosecution is based upon circumstantial evidence.

As far as respondent No.5 is concerned, it has been found that there is no evidence against her in the shape of last seen, recovery, extra judicial confession etc.She was not present at the time of the alleged occurrence.

Therefore, she was given the benefit of doubt and acquitted of all the charges framed against her.

We do not find any illegality or perversity in the judgment of acquittal of respondent No.5 passed by the trial court.

In view of the above, this appeal qua respondents No.2 to 4 is dismissed as not pressed with the aforesaid liberty and qua respondent No.5, it is dismissed summarily.

( SATISH KUMAR MITTAL ) JUDGE March 25, 2014 ( KULDIP SINGH ) ndj JUDGE Dass Narotam 2014.04.01 12:31 I attest to the accuracy and integrity of this document