1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 154 OF 2019 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.10210/2017] VEER SINGH VERMA ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH ...RESPONDENT(S) ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant – Veer Singh Verma is aggrieved by the refusal of the courts below to discharge him of the offences punishable under Sections 498A and 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.
4. The basis on which discharge was sought is that in the separate trial against the accused appellant’s wife Munni Devi, the learned trial Court had recorded categorical findings that Munni Devi along with the present appellant, on the date of the occurrence, were in Assam. This was on the Signature Not Verified basis of the evidence of D.Ws. 10, 11, 12 and 16. Digitally signed by VINOD LAKHINA Date: 2019.01.29 16:10:36 IST Reason:
5. We have read and considered the findings of the learned trial Court in the judgment by which the wife of the accused appellant (i.e. Munni Devi) has been acquitted. In the said judgment, categorical findings have been recorded that Munni Devi along with her husband Veer Singh Verma i.e. present appellant were in Assam on the date of the occurrence.
6. Acquittal of Munni Devi has attained finality. If that is so, we do not see why the High Court has taken the view that the said fact i.e. that the accused appellant was in Assam on the date of occurrence needed to be proved in the course of the trial. On the basis of the judgment passed in the case of the wife of the appellant herein, the High Court, in our considered view, ought to have discharged the accused appellant. We, therefore, allow this appeal; set aside the order of the High Court and order for the discharge of the appellant herein in case Crime No.247/2005 under Sections 498-A, 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961 registered with P.S. Surajpur, Gautam Budh Nagar.
7. The appeal is disposed of in the above terms.
(RANJAN GOGOI) ……………….,J.
(SANJIV KHANNA) NEW DELHI JANUARY 28, 2019