LAWS(P&H)-2014-3-457

ANIL Vs. STATE OF HARYANA

Decided On March 25, 2014
ANIL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) ANIL , brother of deceased Manju, has filed this appeal against the acquittal of accused Smt. Sangeeta (respondent No.5 herein) of all the charges framed against her, and the acquittal of accused Sunil, Anil and Mange Ram (respondents No.2, 3 and 4 herein) of the offences under Sections 304 -B, 406 and 506 IPC, vide judgment dated 9.10.2013. In this case, vide the impugned judgment, Sunil, Anil and Mange Ram (respondents No.2, 3 and 4), who are husband, brother -in -law and father -in -law, respectively, of deceased Manju, have been convicted under Section 302 read with Section 34 IPC, and vide order dated 11.10.2013, they have been sentenced to undergo life imprisonment and to pay a fine of Rs. 1,00,000/ -, in default to undergo simple imprisonment for one year, each. They have filed appeal against their conviction and sentence. Smt. Sangeeta (respondent No.5), married sister -in -law of the deceased, who was residing separately, has been acquitted of all the charges framed against her.

(2.) LEARNED counsel for the appellant states that since respondents No.2 to 4 have been convicted for the higher offence and acquitted of the lower offences, he does not want to press this appeal qua them with liberty to argue on alternative charge under Section 304 -B IPC, if necessity arises, in the appeal filed by respondents No.2 to 4.

(3.) LEARNED counsel for the appellant argued this appeal only qua respondent No.5. We have heard learned counsel for the appellant and have gone through the reasoning recorded by the trial court for acquittal of respondent No.5.