CRL.An 826 OF 2007
Delhi High Court
BENCH: HON’BLE MR. JUSTICE ANIL KUMAR J.
HON’BLE MR. JUSTICE V.K.SHALI J.
DATE OF JUDGEMENT: 3 July 2012
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
- Section 449 IPC (House-trespass to commit an offence punishable with death.)
- Section 302 IPC (Punishment for murder)
- Section 120-B IPC (Punishment of criminal conspiracy)
BRIEF FACTS OF THE CASE
Neelam Kler, she was employed in the State Bank of Patiala, Kerala Branch. On, 19 August 2002, after work when she came back to her house, she found her home to be in complete disarray. She called out her children, however, they did not respond. When she went to the bedroom on the first floor she found the dead bodies of both her children lying on the double bed. Thereafter, Neelam Kler ran downstairs and approached someone and told him to call the police. Police reached the crime scene, found that the dead bodies of Bharat and Sarika were lying on the bed. Police register FIR u/s 449/302/376 IPC. Police start an investigation, fingerprints were lifted and bodies sent for post mortem and duly examined. Police recorded the statement of the neighbour who said that when he passed from the house about 4:14 pm on the same day, he had seen Vinay Kumar (Son-in-law of Neelam) and his servant Munish going out hurriedly. Police arrested Vinay Kumar on 20th August 2002 then police recorded his statement and Munish Kumar was also arrested and he too had made a disclosure statement.
FORENSIC REPORT
The post-mortem report of the deceased Sarika, it transpired that the Doctor had opined that sexual offence before the death was a possibility. According to DNA Test Report “, the biological fluid present on the clothes of the Sarika matched with the DNA of the accused Vinay Kumar.
Post mortem report says the cause of death was asphyxia due to manual throttling, manner of death was a homicide, all injuries were ant mortem and were of the same duration and it also says that belt was used in strangulating brother and sister.
JUDGEMENT
Vinay is convicted for the offence punishable u/s 120-B, 449/120-B, 376,302/120-B and Munish is set free forthwith by the appropriate authorities because no evidence found against him.