Criminal Appeal no- 1651 of 2009
Supreme Court of India
BENCH: Hon’ble Mr B.S. Chauhan, Hon’ble Mr Fakkir Mohamed Kalifulla
DATE OF JUDGEMENT: 11th May 2012
RELEVANT SECTIONS:
- Section 302 IPC (Punishment for murder)
- Section 316 IPC (causing the death of a quick unborn child)
BACK STORY
The accident of a car on Khatoli road was noticed by the patrolling police where they held some screaming. The injured girl was taken out of the car by two policemen. They noticed the girl had suffered many injuries and acid attack. On being inquired she said her name was Jyoti, a resident of Laxmi Nagar. She told the police that the accused was a friend and when she reviled him that she was pregnant, he first tried to kill her.
On the day of the incident, the accused had asked the victim to meet him in Laxmi Nagar market and promised to marry her at Haridwar. When the victim accompanied him, he first tries to convince her to abort the child, but when she objected and threatened that she will inform the family and police. The accused started betting her with a spanner, cut her multiple time with a blade, pour acid on her and finally tried to threw her along the roadside.
The victim was rushed to Muzaffarnagar government hospital, where she was later declared dead. The accused was arrested based on the dying declaration and the vehicle was seized. Evidence including blood-soaked mat, empty acid bottle, blade, spanner and the memo was collected and send for examination.
FORENSIC REPORT
The autopsy report showed 17 injuries on the deceased out of which 7 to 8 were fatal. According to the forensic report, the blood collected from the weapons and car mat belonged to the deceased, which confirmed the crime of the accused. The DNA profiling report showed that the accused was the biological father of the victim’s foetus, which cleared the accused motives.
JUDGEMENT
The accused Sandeep was held guilty under section 302 and 316 of IPC and was sentenced with Life imprisonment for minimum 30 years without remission.