GURSHINDER SINGH Vs. JOGA SINGH

JUDGEMENT

(1.) This case relates to the death of a lady by name Narinder Kaur. It was found to be a case of murder by strangulation. Her husband, the respondent, was indicted for the murder of the deceased. The trial Court acquitted him. The brother of the deceased moved the High Court in revision as the State did not bother to file any appeal against the acquittal. But the revision was disposed of by the High Court through cryptic order "No ground to interfere. Dismissed." The aggrieved appellant has filed this appeal by special leave.

(2.) The prosecution case is that deceased Narinder Kaur and respondent-accused were married together somewhere in 1985-86 and the married life was not happy as skirmishes erupted frequently as between them. She was taken back to her natal home, and after a reconciliation settled at by the intervention of some well meaning relatives, she was brought back to the nuptial home sometime during February, 1988. On 20-2-1988 she was decoyed by her husband to a village called Khabra, and there she was strangulated to death and the dead body was abandoned in a sugarcane grove and the husband escaped therefrom.

(3.) The case against the husband sprang up on the lodgment of an FIR made by the present appellant on 24th February, 1988. During the investigation the police arrested the respondent on the next day. He told the police of the place where the dead body was abandoned. PW-10 was led by him to the sugarcane field wherefrom the putrified dead body was recovered. Exhibit P.G. is the recovery memo drawn up thereat. Respondent was sent up for trial after completing the investigation and the trial ended in his acquittal as mentioned above.