MUNISH MUBAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 27.3.2008 in Criminal Appeal No. 553-DB of 2006 of the High Court of Punjab & Haryana at Chandigarh, by way of which, the High Court has affirmed the judgment and order of the learned Additional Sessions Judge, Gurgaon, dated 26.4.2006, by which the appellant was convicted alongwith the co-accused, Shivani Chopra under Sections 302/34 of Indian Penal Code, 1860, (hereinafter referred to as the 'IPC'), and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each; under Section 201 IPC, to undergo rigorous imprisonment for three years and to pay a fine of Rs. 300/- each; and also under Section 120-B IPC, to undergo rigorous imprisonment for three years. In addition to this, the appellant was also convicted under Section 404 IPC, and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-. However, it was ordered that all the aforementioned substantive sentences, would run concurrently.

(2.) The facts and circumstances giving rise to this appeal are as under:

(3.) Mrs. Kawaljit Kochar, learned counsel for the appellant, has submitted that both the courts below have erred in convicting the appellant, even though there is no evidence against him. In a case of circumstantial evidence, the issue of motive to commit the crime in question, is of paramount importance, which could not be established in the instant case. The parameters laid down by this Court for deciding such a case of circumstantial evidence, have not been applied. The recoveries relied upon by the courts below, alleged to have been made at the instance of the appellant have in fact, all been planted and the appellant has falsely been enroped into the matter, merely because he had an alleged intimate relationship with the co- accused, Shivani Chopra, who was an employee of the deceased and had allegedly also developed an intimate relationship with him. Furthermore, no independent witness has been examined so far as the recoveries are concerned. All the witnesses of recoveries are actually police personnel. Thus, the judgments of conviction passed by the courts below are liable to be set aside.