The prosecution failed to establish a complete chain of circumstantial evidence and motive, leading to the acquittal of the appellants in a murder case.

JUDGMENT :

Arvind Singh Sangwan, J.

1. Heard learned counsel for the appellants, learned AGA for the State, learned counsel for the informant and perused the record.

2. The present appeal has been filed against the judgment of conviction dated 2.11.2019 and order of sentence dated 4.11.2019 passed by Additional District & Sessions Judge, Saharanpur in S.T. No. 530 of 2012 (State Vs. Shobha and others) arising out of Case Crime No. 616 of 2011 under Section 302 IPC, Police Station – Sadar Bazar, Saharanpur by which both the appellants namely Shobha Behel and Ashish Arora (Appellants no. 1 and 2 respectively) were awarded life imprisonment along with 25000/- fine (each) and in case of default in payment of fine, they have to undergo further simple imprisonment of one year. It was directed that half of the fine will paid to the father of the deceased.

3. Paper book is complete and trial court record has been received. With the assistance of learned counsel for the appellants, learned A.G.A. for the State and learned counsel for the informant, the entire evidence is re-appreciated.

4. As per prosecution version, on 12.10.2011, the informant Surendra Mohan Behel (PW-1) gave information to the police that on 10.10.2011 at about 7:00 pm he along with his wife Aruna Behel had gone to the house of their daughter Neha Mehta at Gurugram and his son Vivek Behel stayed back at home to take care of the house. He was alone as his wife Shobha Behel had gone to her parental house at Yamuna Nagar, Haryana. His son Vivek Behel was suffering from depression. On 12.10.2011, when he returned back from his daughter’s house and entered his house after opening the lock, he found that his son Vivek Behel is lying in dead condition.

5. On receiving this information, the police reached at the spot and by preparing panchayatnama, dead body of Vivek Behel was sent for postmortem. On 22.10.2011, the informant gave another complaint stating that on 10.10.2011, he alongwith his wife Aruna Behel had gone to their daughter’s house at Gurugram and his son Vivek Behel was alone at home. His daughter-in-law Shobha Behel has left matrimonial home in the year 2009 and started living in her parental home at Yamuna Nagar alongwith his grandson. His daughter-in-law Shobha Bahel was putting pressure on him to transfer the property in her name. It is further stated that Shobha Behel alongwith his brother Ashish Arora, S/o Amrish Arora. R/o D-27, Barrack No. 10, R. Camp, Yamuna Nagar, Haryana finding his son is alone at home, came there as one key of the house remains with Shobha Behel and both of them by way of strangulation have committed murder of his son Vivek Behel. On 12.10.2011, at about 7:00 pm, when he returned back from his daughter's house and entered his house, after opening the lock, he found that his son was lying dead. He informed the police about the incident and the police by doing Panchayatnama got the postmortem done. It is stated that he was under shock due to the death of his young son and, therefore, on 22.10.2011, he had come for registration of FIR against Shobha Behel and her brother Ashish Arora (both the appellants). Thereafter, the police arrested the appellants and submitted report under Section 173(2) of Cr.P.C.

6. The case was committed to the Court of Session and charges under Section 302 read with 34 IPC were framed against both the appellants, which they denied and claimed trial. In prosecution evidence, the informant appeared as PW-1. He reiterated the version given in the FIR and has stated that the appellant Shobha Behel is a clever and greedy lady having suspicious character. She has already taken the dowry articles to her parental home on 25.1.2007, as per writings which was signed by PW-1 and Shobha Behel (PW-9) and was submitted before the concerned Court. It is stated that thereafter Shobha Behel had filed a complaint for demand of dowry against him, his wife Aruna Behel and son Vivek Behel as well a case of domestic violence and a petit