Case BriefsHigh Courts

Punjab and Haryana High Court: This petition was filed before a Single Judge Bench of Daya Chaudhary, J., under Section 482 CrPC for transfer of investigation of an FIR registered under Section 306 IPC.

Facts of the case were such that petitioner was the mother of deceased who filed an FIR for the murder of deceased but the same was registered under Section 306 IPC. Petitioner was aggrieved by the fact that the case was not being investigated. Thus, petitioner prayed for the investigation to get a transfer to an officer of the rank of Superintendent of Police outside the jurisdiction where it was earlier being investigated or hand over of the investigation to an independent agency. Whereas respondent contended that investigation was being done fairly with continuous status report filed by the investigating officer.

High Court observed that according to the status report the investigation was complete and allegations alleged was not proved as a consequence of which cancellation report was also prepared. Court noticed the fact that the FIR was registered under Section 306 IPC without taking into consideration the outcome of FSL examination. Therefore, Court said that it is in the interest of justice to transfer the investigation of the case to the Special Investigating Team (SIT) under the supervision of the Superintendent of Police. [Neelam v. State of Haryana,2018 SCC OnLine P&H 2044, decided on 29-11-2018]

Case BriefsHigh Courts

Delhi High Court: A Division Bench comprising of S. Muralidhar and Vinod Goel, JJ. dismissed a criminal appeal filed against the order of the trial court whereby the appellant was convicted under Section 302 IPC.

The appellant was alleged to have murdered his wife. It was proved that the deceased was last seen with the appellant. The prosecution examined 45 witnesses before the trial court. Based on the testimonies of witnesses and findings of the court, the appellant was convicted for murder of his wife under Section 302 and sentenced accordingly. Aggrieved thus, the appellant filed an appeal against his conviction and sentence.

The High Court perused the record and took note of the findings as made by the trial court. The Court noted that mother of the appellant (PW 1) deposed that the appellant and the deceased slept together and also that she saw the appellant with the deceased on night of the incident. Further, the post-mortem report clearly showed that death of the deceased was a result of serious injuries which were caused by the sharp-edged weapon, maybe a farsa. In Court’s opinion, the prosecution proved that the death was homicidal. Moreover, the Forensic Science Laboratory (FSL) Report proved that the death was caused inside the jhuggi where the deceased was sleeping with the appellant. The Court observed that there was no alternative theory to suggest how the deceased may have suffered the injuries in the facts and circumstances of the case. For the reasons aforestated, the Court was unable to reach to a conclusion different from that of the trial court. Resultantly, the conviction of the appellant was upheld and the appeal was dismissed. [Rajesh v. State (NCT of Delhi),2018 SCC OnLine Del 10497, dated 13-08-2018]