STATE Vs. MAHENDER SINGH DAHIYA

JUDGEMENT

(1.) This appeal is directed against the final order of the High Court of Delhi dated 19th December, 2002 passed in Criminal Appeal No. 169 of 1999, whereby the accused Dr. Mahender Singh Dahiya has been acquitted of the charges under Sections 302 and 201, Indian Penal Code (for short IPC) by setting aside the judgment of the trial court whereby he had been convicted under Sections 302 and 201 IPC and sentenced to imprisonment for life and fine of Rs. 5,000/- for the offence under Section 302 IPC and also imprisonment for seven years and fine of Rs. 5,000/- for offence under Section 201 IPC.

(2.) Before the trial court, the prosecution had succeeded in proving that Dr. Mahender Singh Dahiya (hereinafter referred to as the Respondent) had committed the murder of his wife Namita, a British national of Indian origin, on the intervening night of 27th/28th May, 1979. The murder was allegedly committed on the very first night of the honeymoon in room No. 415, Hotel Arenberg, Brussels, Belgium. It is further the case of the prosecution that after committing the murder, the Respondent had dismembered and extensively mutilated the body of the victim. He subsequently disposed of the body parts at different places in the city of Brussels. This was done with the intention of destroying the evidence of the murder.

(3.) The aforesaid conviction and sentence were challenged before the Delhi High Court by way of an appeal. The High Court upon re-appraisal of the entire evidence accepted the appeal and acquitted the Respondent of both the charges. Aggrieved by the aforesaid judgment of the High Court, the State through CBI, New Delhi is in appeal before this Court.