SUNIL CLIFFORD DANIEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 1.4.2009, passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 399-DB of 2000, by which it has affirmed the judgment and order dated 21.8.2000 passed by the Sessions Judge, Ludhiana in Sessions Case No. 28 of 1996, convicting the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), and awarded him a sentence to undergo RI for life and to pay a fine of Rs.2,000/- and in default of this, to undergo further RI for a period of 3 months. The appellant has further been sentenced to undergo RI for two years and to pay a fine of Rs.1,000/- and in default of this, to undergo further RI for a period of 2 months under Section 201 IPC. It has further been directed that the sentences would run concurrently.

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

(3.) Mrs. Kanchan Kaur Dhodi, learned counsel appearing for the appellant, submitted that the investigation was not conducted fairly. She stated that the appellant herein, had no motive whatsoever to commit the murder of his wife, and that they were going to separate very soon, as both parties had filed an application seeking divorce, by mutual consent. Further, no recovery was made from the room of the appellant in the hostel, rather the objects recovered had been planted. The appellant did not make any disclosure statement. Thus, even the recovery made from the place in close vicinity of the Old Jail, was not made in accordance with law, as there was no independent witness with respect to the said recoveries, and the recovery memo also, was never signed by the appellant. It is therefore, a case of circumstantial evidence. The courts below failed to appreciate that the chain of circumstances is not complete. Hence, the appeal deserves to be allowed.