Discharge of accused – Husband accused in dowry and cruelty case – Wife of accused got acquittal on same offence – Husband entitled for discharge.
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Veer Singh Verma v. State of Uttar Pradesh, (SC) : Law Finder Doc Id # 1669371
SUPREME COURT OF INDIA
Before:- Ranjan Gogoi, CJI and Mr. Sanjiv Khanna, J.
Criminal Appeal No(S). 154 of 2019 [Arising Out of Special Leave Petition (Criminal) No. 10210 of 2017]. D/d. 28.1.2019.
Veer Singh Verma – Petitioner
Versus
State of Uttar Pradesh – Respondent
For the Petitioner:- Mr. Shakil Ahmed Syed, AOR, Mr. Mohd. Parvez Dabas, Advocate, Mr. Syed Ahmed Daanish, Advocate, Ms. Uzmu Jamil Husain, Advocate and Mr. Milan Laskar, Advocate.
For the Respondent:- Mr. Rajan Kumar Chourasia, Advocate and Mr. Sanjay Kumar Tyagi, AOR.
IMPORTANT
Discharge of accused – Husband accused in dowry and cruelty case – Wife of accused got acquittal on same offence – Husband entitled for discharge.
Indian Penal Code, 1860 Sections 498A and 304B Dowry Prohibition Act, 1961 Sections 3 and 4 Cruelty – Dowry death – Discharge of accused – Wife of appellant/accused got acquitted and judgment attained finality – Thus,on basis of judgement of wife’s acquittal, accused also entitled for discharge – Rejection of application for discharge set aside.
[Para 6]
ORDER
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 basis of the evidence of D.Ws. 10, 11, 12 and 16.
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.
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