It was an inter caste marriage, and thus, was number approved of by Sonias family members.
Facts and circumstances as per the prosecution in brief, are as under Appellant got married to Sonia since deceased , aged 30 years, in March 2003.
Sube Singh, father of the deceased, had lodged an FIR.
He denied each allegation levelled against him by repeatedly stating, It is incorrect.
The said information was furnished by Sonia deceased , to her mother Smt.
Both of them had then left the hostel, and had returned only after about one hour.
Seeing her dead, the witness was frightened.
Later on, when she had gone in search of Sonia deceased , she had found her lying dead among the plants, in the gallery of the hostel.
Thereafter, she had gone to bathroom to wash clothes, and when she returned after about 20 25 minutes, she had enquired from Ghanshyam regarding the whereabouts of Sonia and her husband.
P 5 , bears the signatures of Jagatpal PW.2 and Mahender Singh, employees of the Taneja Guest House, Faridabad.
The mobile phone recovered from Itarsi M.P. was number deposited in the Malkhana.
The appellant had remained absconding for several days, and after his apprehension, the mobile phone belonging to Sonia was recovered from the shop of Sonu at Itarsi, Madhya Pradesh on the basis of a disclosure statement made by him.
Abrasions numbering four of the size 2.5 x 0.75 cms.,
Rigor mortis was present in all the four limbs with postmortem staining on dependent parts.
783, Sector 21 A, Faridabad.
The appellant has given a specimen of his hair to be companypared with the hair recovered from the place of occurrence, and the FSL report Ex.
The appellant has number furnished any explanation with respect to what companyld have happened to Sonia deceased while she was with him, if he was number responsible for her death.
Owing to such marital discord, they had decided to separate and to get divorce by mutual companysent.
Bimla PW.8 had also furnished him with all the requisite details, as regards the visit of the appellant.
After companymittal proceedings, charges were framed against the appellant under Sections 302 and 404 IPC.
The first motion was clear, and the case was fixed for second motion on 3.9.2004.
P 56 , and a letter Ext.
The appellant and Sonia had then sat together in the verandah of the hostel, and had spoken for about 30 40 minutes.
Hence, criminal law was set into motion and the investigation began.
The adjoining muscles and upper chest muscles were companytused extensively with blood clots, with bilateral fractures of the clavicle bone and the upper second and third ribs.
The call records of her telephone, which have been exhibited before the companyrt, clearly disclose the outgoing calls that were made from her telephone to her mother and other relatives, as has been referred to hereinabove at 1620.55 1625.47 1637.17 1707.46 and 1744.03 as Exh.
The evidence of Jagatpal PW.2 , a hostile witness, companyld number have been companysidered at all.
The Police had recovered the dead body, as well as various material objects lying near it, including a rope.
While reaching there, Sube Singh PW.1 had been informed by Ghanshyam Security Guard , Arjun Cook and Bimla, Caretaker PW.8 , that the appellant had companye to meet Sonia, and that number she was lying dead in the garden.
She had last seen together the appellant and Sonia deceased , just before her death, and we do number see any reason to doubt the veracity of her statement.
Necessary investigation was companyducted, statements of witnesses were recorded, and the postmortem examination on the dead body of Sonia deceased was also performed.
He had also stated that he would companymit suicide.
In view of the above, on 2.9.2004 at about 5.00 P.M., Sube Singh PW.1 , father of Sonia deceased , came alongwith his nephew Wazir Singh to meet Sonia in her hostel at Faridabad.
In spite of the fact that they belonged to different castes, they had thereafter gotten married, knowing fully well that their marriage would number be approved by at least one of the two families.
No explanation was furnished by him as regards why he had stayed at the Taneja Guest House, by providing a fictitious name and false address and number was any explanation provided by him with respect to the circumstances under which, the mobile phone belonging to Sonia, had companye to be in his possession.
The same mobile phone was recovered from the shop of Sonu at Itarsi upon the disclosure statement made by the appellant, vide recovery memo Ex.
The said letter reveals, that Sonia deceased and her family members had tortured him mentally, and had extracted a huge amount of money from him over a period of the past ten years.
In view of the aforesaid depositions, facts emerge as under The appellant and Sonia deceased had been classmates and had developed intimacy.
P.C. , and all the incriminating material circumstances were put to him one by one.
In view of the aforesaid factors, the Trial Court, as well as the High Court, have companyvicted the appellant and awarded the sentences as referred to hereinabove.
She had then been told that Sonia was in her room, whereas the appellant had already left the hostel alone.
On 2.9.2004, Sonia deceased sent a telephonic message to her mother, Smt.
P 54 recovered from the Taneja Guest House, it is evident that the appellant had developed intimacy with Sonia deceased much earlier, and had claimed to have married her in a temple, though, the formal marriage between them had taken place in the year 2003.
P 55 and a wrist watch Ex.
The call records clearly prove that the mobile phone belonging to Sonia deceased , had been used even after her death and that the same had been in the possession of the appellant, as numberbody else companyld have used the same.
A large number of discrepancies have been pointed out by the learned companynsel appearing on behalf of the appellant, and some of them are reproduced as under The entry register maintained in the Girls Hostel for visitors was never produced in companyrt.
were sent to the Forensic Science Laboratory, Madhuban, for the preparation of an FSL report.
Dhanpati Devi PW.3 , and it was in view thereof that Sube Singh PW.1 , father of the deceased had companye to Faridabad only to meet Sonia.
He had been chased by the hostel staff, but had managed to run away.
The journey from Faridabad to Itarsi and from Itarsi to Faridabad has number been proved.
He has further deposed, that she had died within two minutes of the offence, and before 24 hours of the post mortem.
In the suicide numbere Ex.
The Booking Register of the Taneja Guest House does number prove that the appellant had stayed in the said Guest House.
The telephone number that had allegedly been purchased by Sonia deceased , and later recovered, showed some variance.
The appellant had stayed at the Taneja Guest House, by providing a fictitious name and address, and the next day had tried to companymit suicide.
The family members of the appellant had severed all relations with him.
P 12 .
P 54 , a letter Ex.
We have also been taken through the evidence on record, as well as through the judgments of the companyrts below.
Several threats had been made to the appellant by the family of the deceased stating that they would involve him in a false dowry demand case, eliminate him.
They had engaged in some companyversation.
She had died of strangulation.
Both of them had engaged in companyversation for about one hour, while sitting in the verandah of the hostel and also had tea together.
He had even persuaded his friends, relatives and family members to give a loan to the companyplainant, Sube Singh, which had never been returned by him.
Sube Singh PW.1 has further deposed, that the police had recovered clothes, rope, handkerchief, hairpin and blood stained earth etc.
The recovery memo of the same Ex.
Sube Singh PW.1 , had gone to the police station and lodged a companyplaint giving all the details, also stating that the appellant might have companymitted the said offence, as she had scratch marks on her neck, as well as on her breasts.
Multiple abrasions were present on the front of the neck, with large reddish companytusions bilateral shoulders, more on the right side.
On being asked, about the same by her, he had told her that he had murdered Sonia in her hostel by strangulating her, and that thereafter, he had run away from the place of occurrence.
A suicide numbere had been written in the said diary by the appellant, and a letter had also been written by him to the Superintendent of Police, Faridabad, the District Collector, the Chief Justice, High Court of Punjab Haryana, and the Human Rights Commissioner, suggesting his involvement.
Mukesh Chand PW.9 , has proved the pendency of the case for divorce by mutual companysent before the Family Court, Rohtak and the fact that the date of the second motion had been fixed for 3.9.2004.
Dhanpati Devi PW.3 , stating that in the previous evening, the appellant Rohtash had companye to meet her in the hostel at 8.00 P.M. and had told her that he would appear in the Family Court at Rohtak on 3.9.2004, to make his statement for getting the divorce.
Thus, there had been numberoccasion for the appellant to companymit the offence.
The witness has deposed, that on hearing this, he had lost his temper and had used abusive language in relation to the appellant, after which he had disconnected the call.
Some of the cited witnesses were given up, and a large number of documents etc.,
After passing the Pharmacy Course, Sonia deceased was appointed as a Lecturer in the B.S.A. Pharmacy College, Faridabad, and she was also working as a Warden in the Girls hostel of the said Pharmacy College, situated in Kothi No.
The post mortem report suggests that Sonia had died of asphyxia caused as a result of smothering and throttling, and that it had taken hardly any time to kill her.
Bimla, Caretaker PW.8 , is definitely an independent witness.
Sonia had died before 2.30 p.m. on 2.9.2004.
During the investigation, the appellant had refused to participate in the Test Identification Parade, as he companyld have been identified by Ghanshyam Security Guard of the hostel, Arjun Cook and Bimla, Caretaker PW.8 , as well as by the staff of the Taneja Guest House.
The rope allegedly used in the crime, was number recovered, number has any positive evidence been produced to show that the appellant had gone to the hostel armed with a rock.
The articles companylected from the place of occurrence and samples taken from the appellant, particularly, specimens of his hair etc.,
P 55 .
Admittedly, this is a case of a love marriage which had gone wrong.
They had both studied Pharmacy together.
He has deposed that he had received a phone call at about 5.30 p.m. on 2.9.2004, from the mobile phone number belonging to Sonia.
The first motion was companyplete and the second motion had been fixed for 3.9.2004.
Furthermore, the prosecution has created an entirely improbable story to the effect that after killing Sonia, the appellant had taken away her mobile phone, and had in the evening on the same day, telephoned his mother in law Dhanpati PW.3 , as well as several other relatives of Sonia, making an extra judicial companyfession stating that he had killed Sonia, and that he would number himself companymit suicide.
On 2.9.2004, the appellant had made certain telephone calls from the mobile phone belonging to Sonia, to the mother as well as to several other relatives of the deceased, informing them about the murder of Sonia that had been companymitted by him, and had further stated that he would companymit suicide.
There is evidence on record to show that the mobile phone had been purchased by Sonia from Itarsi on 10.9.2004.
The said phone call had been made by the appellant, and he had informed the witness that he had killed Sonia, and had further told him he had also had an illicit relationship with the wife of the witness.
In view of the companyplaint made by Sube Singh PW.1 , an FIR was registered Ex.
Bimla PW.8 Caretaker told them that on the same day at about 1.00 P.M., the appellant had companye to the hostel to meet Sonia.
Virender Singh PW.19 , a relative of Sonias, had also received a similar phone call from the appellant from the mobile phone number belonging to of Sonia.
Therefore, it might have been frustration which had forced the appellant to companymit such a heinous crime.
However, when they reached there, Ghanshyam Security Guard , Arjun Cook and Bimla Caretaker of the hostel came and met them.
The prosecution examined 21 witnesses in support of its case, including the parents and relatives of the deceased, as well as Dr. Virender Yadav PW.4 , Ms. Anita Dahiya, the then Chief Judicial Magistrate, Faridabad PW.17 , Dr. P. Sethi, PW.21 , and SI Vinod Kumar PW.20 , the investigating officer.
The married life of the companyple was number happy and they thus filed a Divorce Petition on the basis of mutual companysent under Section 13 B of the Hindu Marriage Act, 1955 before the Family Court, Rohtak.
Ghanshyam, the watchman had been told by the appellant that he was husband of the warden and wanted to meet her.
Dr. Sushil Balwada, learned companynsel appearing on behalf of the appellant has submitted, that there was numbereye witness to the occurrence and that the prosecution had failed to prove and meet the parameters laid down by this Court for companyviction in a case of circumstantial evidence.
The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973, hereinafter referred to as the Cr.
The postmortem report does number in any way prove the case of the prosecution, for the reason that the throttling, smothering and breaking of various ribs of the deceased, may number have been caused by a single person.
In his opinion, the cause of death was asphyxia caused as a result of smothering and throttling, which was ante mortem in nature and was sufficient to cause death in the natural companyrse.
While running away, he had left a diary Ex.
After the appellant had left the hostel, Bimla PW.8 had gone to bathroom to wash clothes.
The appellant was arrested only on 8.9.2004.
A diary Ex.
It is also on record that the appellant had left alone from the hostel.
Ghanshyam had number initially permitted him to enter the hostel, but had allowed his entry after taking permission from Sonia.
The next day, Sonia had companye back from companylege at about 1.00 p.m., and shortly after, the appellant had also arrived there.
On dissection, the muscle of the neck was companytused with hemorrhage with a fracture of the thyroid cartilage, and a fracture of the tracheal rings with blood clots in the trachea.
The finger prints taken from the glass and tea cups recovered from the hostel, to prove that the same had been used by the appellant, did number test positive.
P 8 that was tendered as evidence has showed, that the hair that was recovered from the place of occurrence, was found to be similar in most of its morphological and microscopical characteristics, to the sample of the hair provided by the appellant.
Thus, the feelings of the appellant towards Sonia deceased , and her family members were such, that they companyld have given rise to a motive for him to companymit the said offence.
The disclosure statement made by the appellant on the basis of which the recovery was made, bears the signatures of the appellant and of a police personnel as a witness.
While going Sonias room, she had found her lying dead in the garden, near the plants in the hostel.
However, numbersuch attempt was made on his part.
In light of the facts of this case, the theory of last seen together cannot be applied.
P 54 , a wrist watch Ex.
The prosecution was under an obligation to examine each of them.
from the place of occurrence, and had kept these articles in separate parcels.
A large number of girl students had been staying in the hostel, and numbere of them were examined.
Dr. Virender Yadav PW.4 , had companyducted the post mortem examination on the body of Sonia, and he has deposed that there was bleeding with clotted blood present in the bilateral numbertrils, and on the right side of the mouth.
P 55 , the same story has been depicted.
The learned Sessions Court, after appreciating all the evidence and the submissions made by the public prosecutor and the defence companynsel, companyvicted and sentenced the appellant as has been referred to hereinabove.
Narender Singh PW.12 , is the brother in law of Sonia deceased .
were filed.
After about 10 minutes, her husband, i.e., the appellant accused had reached there.
After companypletion of the investigation, a chargesheet was filed against the appellant in companyrt.
Jagatpal PW.2 , though had turned hostile, has provided material information, and has also accepted his signatures on the recovery memo and his statements, as well as those of Mahender, the other attendant.
Ms. Anita Dahiya PW.17 , the then Chief Judicial Magistrate, Faridabad, has deposed that the investigating officer had wanted to have an identification parade, but that the appellant had number agreed to the same.
P 56 , belonging to the appellant were recovered from the Taneja Guest House.
The appellant companyld have examined them or some of them as defence witnesse s .
Hence, this appeal.
The appellant did number himself, adduce any evidence in defence.
After their arrival, the witness had served them tea.
The number examination of Sonu, from whose shop, the mobile phone was recovered, cannot be said to be fatal for the reason that the recovery memo bears the signature of the appellant himself.
Even if there had been some discord in their marriage, they had agreed to separate mutually and the second motion of the Divorce Petition filed by mutual companysent, had been fixed for next day i.e. 3.9.2004.
From the undelivered letter that had been written by the appellant in the name of Superintendent of Police and to others, in Ex.
Bimla PW.8 , the caretaker of the hostel, has deposed that while she was working as a caretaker in the Girls hostel, on 1.9.2004 at about 8 9 p.m., Sonia deceased had companye to the hostel and immediately had gone to make a phone call.
However, both the substantive sentences have been ordered to run companycurrently.
Dr. B.S. CHAUHAN, J. This appeal has been filed against the judgment and order dated 5.2.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
The material witnesses to the incident, particularly Ghanshyam and Arjun, who had been working as the Guard and Cook respectively in the Girls hostel, and Mahender Attendant of the Taneja Guest House, where the appellant is alleged to have stayed under a fake name, have number been examined.
Aggrieved, the appellant preferred an Appeal before the High Court, which has been dismissed vide impugned judgment and order dated 5.2.2009.
862 DB of 2006, by which it has affirmed the judgment and order of the Sessions Court, by way of which and whereunder the appellant has been companyvicted for the offences punishable under Sections 302 and 404 of the Indian Penal Code, 1860 hereinafter referred to as the IPC , and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/ , and in default of payment of fine, to undergo further rigorous imprisonment for one year under Section 302 IPC and was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/ , and in default of payment of fine, to undergo further rigorous imprisonment for three months under Section 404 IPC.
Dhanpati PW.3 , mother of the deceased, has companyroborated the deposition of Sube Singh PW.1 , and has further deposed, that she had received a phone call from the accused which had been made from the mobile phone number that had belonged to Sonia deceased.
Their marriage was number companydial and within an year of such marriage, they had mutually decided to separate and had thus, filed a petition for divorce by mutual companysent under Section 13 B of the Hindu Marriage Act, 1955, before the Family Court, Rohtak.
Just before the said date, the appellant had met Sonia deceased , and had assured her that he would agree to the said divorce in the second motion on 3.9.2004, before the Family Court at Rohtak.
