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2019 Supreme(SC) 1541
SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Sanjiv Khanna, J.
Veer Singh Verma - Appellant
Versus
State Of Uttar Pradesh - Respondent
Criminal Appeal No. 154 of 2019
Decided On : 28-01-2019
Shakil Ahmed Syed, Adv., Mohd Parvez Dabas, Adv., Syed Ahmed Daanish, Adv., Uzmu Jamil Husain, Adv., Milan Laskar, Adv., Rajan Kumar Chourasia, Adv., Sanjay Kumar Tyagi, Adv.
The categorical findings of the accused appellant's presence in Assam on the date of the occurrence, as recorded in the judgment acquitting the accused appellant's wife, influenced the court's decision to order for the discharge of the appellant.
Headnote:
Discharge - Criminal Law - The court allowed the appeal and ordered for the discharge of the accused appellant based on the categorical findings that the accused appellant was in Assam on the date of the occurrence, as recorded in the judgment acquitting the accused appellant's wife.
Fact of the Case:
The accused appellant was aggrieved by the refusal of the courts below to discharge him of the offences punishable under Sections 498A and 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.
Finding of the Court:
The court allowed the appeal, set aside the order of the High Court, and ordered for the discharge of the appellant based on the categorical findings that the accused appellant was in Assam on the date of the occurrence, as recorded in the judgment acquitting the accused appellant's wife.
Issues: Refusal of the courts below to discharge the accused appellant of the offences punishable under Sections 498A and 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.
Ratio Decidendi: The acquittal of the accused appellant's wife, with categorical findings that both the accused appellant and his wife were in Assam on the date of the occurrence, influenced the court's decision to order for the discharge of the appellant.
Final Decision: The court allowed the appeal, set aside the order of the High Court, and ordered for the discharge of the appellant in the case Crime No.247/2005 under Sections 498-A, 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.
ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant - Veer Singh Verma is aggrieved by the refusal of the courts below to discharge him of the offences punishable under Sections 498A and 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.
4. The basis on which discharge was sought is that in the separate trial against the accused appellant's wife Munni Devi, the learned trial Court had recorded categorical findings that Munni Devi along with the present appellant, on the date of the occurrence, were in Assam. This was on the basis of the evidence of D.Ws. 10, 11, 12 and 16.
5. We have read and considered the findings of the learned trial Court in the judgment by which the wife of the accused appellant (i.e. Munni Devi) has been acquitted. In the said judgment, categorical findings have been recorded that Munni Devi along with her husband Veer Singh Verma i.e. present appellant were in Assam on the date of the occurrence.
6. Acquittal of Munni Devi has attained finality. If that is so, we do not see why the High Court has taken the view that the said fact i.e. that the accused appellant was in Assam on the date of occurrence needed to be proved in the course of the trial. On the basis of the judgment passed in the case of the wife of the appellant herein, the High Court, in our considered view, ought to have discharged the accused appellant. We, therefore, allow this appeal; set aside the order of the High Court and order for the discharge of the appellant herein in case Crime No.247/2005 under Sections 498-A, 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961 registered with P.S. Surajpur, Gautam Budh Nagar.
7. The appeal is disposed of in the above terms.
