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2011 Supreme(P&H) 752
2011(2) RCR(Cri) 950
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
SATISH KUMAR MITTAL AND M. JEYAPAUL, J.
Gurdev Singh -Appellants
Versus
State of Haryana -Respondent
Murder reference No.2 of 2010 with Criminal Appeal No.479 -DB of 2010 and Criminal Revision No.2173 of 2010
Decided on: March 11, 2011
Advocate Appeared:
Mr. S.S. Randhawa, Additional Advocate General, Haryana.
Mr. R.S. Cheema, Senior Advocate with Ms.Tarannum Cheema, Advocate, for respondents No.1 to 3 in Murder ref. No.2 of 2010 for appellants No.1 to 4 and 7 in Crl. A. No.479-DB of 2010 and for respondents No.2 to 5 and 8 in Cl.Revn. No. 2173 of 2010.
Mr.Vinod Ghai,Advocate for respondents No.4,5 in Murder Ref. No.2 of 2010, for appellant No.5 and 6 in Crl.A.No.479-DB of 20101 and for rspondens No.6 and 7 in Crl.Revn. No.2173 of 2010.
Mr.R.S.Bains,Advocate for petitioner in Criminal Revision No.2173 of 2010 and the complainant in Criminal Appeal No.479-DB of 2010.
Headnote:
The court convicted A-1 Mandeep for the offense under Section 364 IPC and sentenced him to seven years of rigorous imprisonment. A-2 Gurdev Singh, A-3 Suresh Kumar, A-4 Rajinder Singh, A-5 Satish Kumar, and A-6 Baru Ram were convicted for the offense under Section 302 IPC and sentenced to death. The court also convicted them for the offense under Section 364 IPC and sentenced them to seven years of rigorous imprisonment each. A-7 Ganga Raj was convicted for the offense under Section 302 IPC and sentenced to life imprisonment. He was also convicted for the offense under Section 364 IPC and sentenced to seven years of rigorous imprisonment. The court acquitted A-5 Satish Kumar and A-7 Ganga Raj of all charges.
Fact of the Case:
The case involved the abduction and murder of Manoj and Babli, a young couple who had married against the wishes of Babli's family. The prosecution alleged that the accused, who were Babli's family members and relatives, had abducted and murdered the couple in a so-called "honor killing." The prosecution presented circumstantial evidence, including VT messages, recovery of shoes, and recovery of the Scorpio vehicle used in the abduction, to establish the guilt of the accused.
Finding of the Court:
The court found that the prosecution had established beyond reasonable doubt that the accused had committed the offenses of criminal conspiracy, abduction, and murder. The court relied on the circumstantial evidence presented by the prosecution, including the VT messages, the recovery of shoes, and the recovery of the Scorpio vehicle, to conclude that the accused were involved in the abduction and murder of Manoj and Babli. The court also found that the accused had failed to provide any explanation for the disappearance of the couple, which gave rise to an inference of guilt.
Issues: 1. Whether the prosecution had established beyond reasonable doubt that the accused had committed the offenses of criminal conspiracy, abduction, and murder. 2. Whether the circumstantial evidence presented by the prosecution was sufficient to prove the guilt of the accused.
Ratio Decidendi: The court held that the prosecution had established beyond reasonable doubt that the accused had committed the offenses of criminal conspiracy, abduction, and murder. The court relied on the circumstantial evidence presented by the prosecution, including the VT messages, the recovery of shoes, and the recovery of the Scorpio vehicle, to conclude that the accused were involved in the abduction and murder of Manoj and Babli. The court also found that the accused had failed to provide any explanation for the disappearance of the couple, which gave rise to an inference of guilt.
Final Decision: The court convicted A-1 Mandeep for the offense under Section 364 IPC and sentenced him to seven years of rigorous imprisonment. A-2 Gurdev Singh, A-3 Suresh Kumar, A-4 Rajinder Singh, A-5 Satish Kumar, and A-6 Baru Ram were convicted for the offense under Section 302 IPC and sentenced to death. The court also convicted them for the offense under Section 364 IPC and sentenced them to seven years of rigorous imprisonment each. A-7 Ganga Raj was convicted for the offense under Section 302 IPC and sentenced to life imprisonment. He was also convicted for the offense under Section 364 IPC and sentenced to seven years of rigorous imprisonment. The court acquitted A-5 Satish Kumar and A-7 Ganga Raj of all charges.
M. Jeyapaul, J.
1. This order shall dispose of Murder reference No.2 of 2010, Criminal Appeal No.479-DB of 2010 and Criminal Revision No.2173 of 2010 as the facts and law involved in the aforesaid cases are similar and they also arise from the one and same occurrence.
2. The first accused Mandeep in Sessions case No.29/09 on the file of Additional Sessions Judge,Karnal was convicted for the offence under Section 364 of the Indian Penal Code and was sentenced to undergo seven years rigorous imprisonment and also to pay a fine of Rs.5000/-; in default to undergo a further period of one year rigorous imprisonment. He was also convicted for the offence under Section 120-B of the Indian Penal Code and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1000/-; in default to undergo a further period of six months rigorous imprisonment. Second accused Gurdev Singh, third accused Suresh Kumar and fourth accused Rajinder Singh, fifth accused Satish Kumar and sixth accused Baru Ram in the same Sessions case were convicted under Section 302 of the Indian Penal Code and were awarded death sentence each. They were also convicted for the offence under Section 364 IPC and were sentenced to undergo seven years rigorous imprisonment each and to pay a fine of Rs.5000/-each and in default to undergo a further period of one year rigorous imprisonment each. They were also convicted for the offence under Section 120-B of the Indian Penal Code and were sentenced to undergo three years rigorous imprisonment each and to pay a fine of Rs.5000/-each and in default to undergo a further period of six months rigorous imprisonment each. Accused Ganga Raj in Sessions Case No.27 of 2009 originated from the very same FIR but based on the supplementary charge sheet filed in that case was convicted for the offence under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo a further period of two years rigorous imprisonment. He was also directed to compensate mother of the deceased Manoj by name Chanderpati to the tune of Rs.1,00,000/-under Section 357 of the Code of Criminal Procedure. He was convicted for the offence under Section 364 of the Indian Penal Code and was sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.5000/-and in default of payment of fine to further undergo one year rigorous imprisonment. He was also convicted for the offence under Section 120-B of the Indian Penal Code and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo six months rigorous imprisonment.
3. Having imposed death sentence on the accused 2 to 6 in Sessions Case No.26 of 2009, the Additional Sessions Judge, Karnal has referred the matter for confirmation. The accused 1 to 6 in Sessions Case No.26 of 2009 and the accused Ganga Raj in Sessions Case No.27 of 2009 jointly filed Criminal Appeal No.479 of 2010 challenging the aforesaid order of conviction and sentence recorded.
4. The revision has been preferred by the witness Chanderpati, the complainant in the case praying for enhancement of the life imprisonment imposed on the 7th accused Ganga Raj to death sentence for the offence under Section 302 IPC. She has also prayed for enhancement of compensation of Rs. One lac directed to be paid by him to a reasonably higher amount. A prayer for compensation also has been made against respondents No.2 to 7. Prosecution version
5. (a) PW25 Chander Pati was the mother. PW26 Seema was the sister and PW2 Narender Singh was the cousin brother of the deceased Manoj. Manoj and Babli left the village on 6.4.2007 and got married on 7.4.2007. Om Pati the mother of Babli enraged by the act of Manoj lodged a complaint against him and his family members with Rajound Police Station. PW 24 SI Jagbir Singh on the basis of the complaint lodged by Om Pati registered FIR No.24 on 26.4.
