KULDIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common order, I dispose of CRR-176-2015 and CRMM-43002-2014.

(2.) The facts are taken from CRR-176-2015. Petitioner Kuldip Singh was involved in an FIR No.79 dated 10.06.2006 under Sections 302, 201 of the Indian Penal Code (for short 'IPC'), registered at Police Station Chandimandir, District Panchkula. This FIR was initially registered against unknown persons, on the statement of one Ravinder Kumar, a passerby. One Ramanpreet Kaur had died and the petitioner was not named in the FIR but later on involved in the said case, on the statement of one Amarjit Kaur, who on 20.06.2006 stated that the engagement of her daughter, deceased Ramanpreet Kaur was solemnized with petitioner Kuldip Singh on 26.10.2005 and the marriage was due on 18.11.2005, whereas on 09.11.2005, her daughter was kidnapped by one Paramjit Singh Kainth. Thereafter, petitioner got married to Paramjit Kaur and left for Manila. It is further stated that in 2006, petitioner returned back to India and started contacting her daughter, who was staying in a PG accommodation in Sector-22, Chandigarh. On 10.06.2006, petitioner had given a call to deceased Ramanpreet Kaur to meet him and she along with Amarjit Kaur came in the parking in Sector-22, Chandigarh, opposite Bus Stand Sector-17, Chandigarh and from there, Amarjit Kaur left for Barnala in a bus and deceased Ramanpreet Kaur was in the company of the petitioner. On the basis of last scene evidence, the petitioner was named as an accused in the FIR. Thereafter, the petitioner, during the trial of said case, was declared a proclaimed offender vide order dated 28.10.2013 (Annexure P-1) as in the intervening period, he had gone to Manila and later on, the petitioner surrendered on 06.03.2014. On account of being declared a proclaimed offender, the petitioner was also involved in FIR No.70 dated 10.03.2014 under Section 174-A IPC, Police Station Chandimandir, got registered by ASI Gulab Singh.

(3.) Learned counsel for the petitioner submits that the petitioner, thereafter, faced the trial in the aforesaid FIR No.79 and was acquitted by the Court. However, in the subsequent FIR registered under Section 174-A IPC, the petitioner, again faced the full length trial and was convicted by the Additional Chief Judicial Magistrate vide order dated 04.07.2014, holding him guilty of offence punishable under Section 174-A IPC and was ordered to undergo simple imprisonment for a period of three months with a fine of Rs.1,000/- and in default of payment of fine, to further undergo simple imprisonment for one month. Thereafter, the petitioner preferred an appeal before the lower appellate Court and the same was dismissed vide impugned judgment dated 13.10.2014.