MALTI SAHU Vs. RAHUL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in CRAD No. 635 of 2014 by which the High Court has allowed the said appeal preferred by the respondent - accused - Rahul and has quashed and set aside the judgment and order of conviction and sentence passed by the Trial Court convicting the accused for the offence under Sec. 302 IPC for committing the murder of one Kavita Sahu and Gaurang Sahu, the State as well as the original complainant/informant - mother of the deceased have preferred the present appeals.

(2.) On the statement of one Malti Devi, which got recorded on 16/12/2011, in which she stated that she and her husband were Teachers by profession. That her husband was posted at Mewat, Haryana and she was posted in Sector-17, Panchkula. They had two children, i.e., elder daughter Kavita, about 17 years of age, who was the student of Guru Nanak Public School, Sector-36, Chandigarh, whereas her younger son Gaurang Sahu was the student of Govt. Model Senior Secondary School, Sector-37, Chandigarh. On that day, she had left the home at 8.30 A.M. for duty and both the children were at home, it being their holiday. On her return at about 3.00 P.M., she found her daughter in a pool of blood with a cut on her neck and when she went upstairs, she found her son also in a pool of blood and his neck also had a cut. All the articles in the room were lying scattered.

(3.) Shri Neeraj Kumar Jain, learned Senior Advocate appearing on behalf of the mother of the victim and Ms. Ruchi Kohli, learned counsel appearing on behalf of the State have vehemently submitted that in the facts and circumstances of the case, the High Court has committed a grave error in acquitting the accused by observing that the prosecution has failed to prove the necessary link in the evidence which could establish and bring home the guilt of the accused.