SURAJ JIT CHAUDHRI Vs. CBI

JUDGEMENT

(1.) INSTANT application, under Section 389 Cr. P. C. made by the appellant, seeks suspension of sentence inflicted on him vide impugned order of sentence dated 3. 5. 2008 under Sections 302 IPC and 3/4 of the Explosive Substances Act, 1908.

(2.) FACTS relevant for disposal of the application, as gathered from the record, disclose that the appellant, a Lt. Colonel in the Indian Army, was married to one Smt. Rani Chaudhary on 31st of March, 1971. Their marital ties suffered a set back when in May, 1976 Smt. Rani Chaudhary left the appellant's company and started living separately with her parents. She filed a divorce petition under Section 13 (1) (1. a) of the Hindu Marriage Act on 1st of September, 1979 in the Court of District Judge, Delhi, wherein an ex parte decree of divorce was granted in her favour on 6th of December, 1979. The appellant filed an appeal before this Court on 5th of March, 1980 for setting aside the ex parte decree. At the same time, he also filed a petition on 7th of March, 1980 before the Court concerned of learned Additional District Judge, Delhi for setting aside the ex parte decree. The application for setting aside ex parte decree was eventually dismissed on 6th of January, 1981 by the Court concerned of learned Additional District Judge, Delhi. The appeal for setting aside ex parte decree, filed on 5th March, 1980, was dismissed by this Court on 17th of March, 1981. The appellant, in the meantime, filed another appeal against the order dated 6. 1. 1981 of the learned Additional District Judge, whereby his application dated 17. 3. 1980 for setting aside ex parte decree was dismissed. Allowing the appeal so filed, the ex parte decree dated 6. 12. 1979 was set aside by this Court on 14th of September, 1981. Aggrieved by the order, Smt. Rani Chaudhary went in appeal before the Supreme Court on 12th of October, 1981. The Supreme Court, allowing the appeal, set aside the order dated 14. 9. 1981 and restored the ex parte decree of divorce passed in favour of Smt. Rani Chaudhary. A review petition filed by the appellant on 25th of September, 1982 before the Supreme court resulted in dismissal thereof on 9th of December, 1982.

(3.) SMT. RANI Chaudhary, while her litigation with the appellant was still on, came into contact with Kishan Sikand, deceased in October, 1979. Their acquaintance, in a course of time, developed into friendship. Smt. Rani chaudhary decided to get married to Kishan Sikand, deceased on a decree of divorce being finally granted in her favour. Smt. Rani Chaudhary towards the end of October, 1980 shifted to the house of Kishan Sikand, deceased, at 98, Sunder nagar and kept on staying with him there till his death on 2nd October, 1982. The appellant did not like Smt. Rani Chaudhary staying with Kishan Sikand, deceased, in his house. He could also not digest the prospect of Kishan Sikand, deceased, and Smt. Rani Chaudhary getting married to each other at any later point of time. He wanted the deceased to make Smt. Rani Chaudhary move out of his house, which, of course, never happened.