Decided on December 15,2016

H.D. Sikand (D) Through L.Rs. Appellant
Central Bureau Of Investigation And Anr. Respondents


PINAKI CHANDRA GHOSE, J. - (1.) These appeals, by special leave, have been filed by the appellants challenging the judgment dated 15 th May, 2009, passed by the High Court of Delhi at New Delhi in Criminal Appeal No.456 of 2008, whereby the High Court has set aside the judgment and order dated 28.04.2008 passed by the Additional Sessions Judge, Delhi, and acquitted Respondent No.2 of the charge of murder as also of the charges under Sections 3 & 4 of the Explosive Substances Act, 1908.
(2.) The brief facts of the case are that Rani Chaudhary got married to Sqn. Ldr. Pritam Singh and out of the wedlock, she had two daughters, namely, Mini and Maitri. After the death of her husband, she started living at D-5, South Extension, Part-I, New Delhi. Rani Chaudhary had acquaintance with Lt. Col. S.J. Chaudhary, who was a divorcee at that time. On 31.3.1971, Rani Chaudhary got married to Lt. Col. S.J. Chaudhary and out of this wedlock one daughter, namely, Sonali was born on 24.08.1972. Their marriage could not continue harmoniously, so Rani Chaudhary started living separately at her parents' house at Defence Colony, New Delhi, with effect from May, 1976. Lt. Col. S.J. Chaudhary continued to harass Rani Chaudhary. Rani Chaudhary filed a petition for divorce under Section 13(1)(1a) of the Hindu Marriage Act, in the Court of District Judge, Delhi, and on 6.12.1979, an ex-parte decree of divorce was granted in her favour. Accused S.J. Chaudhary after coming to know about the ex-parte decree, filed an appeal before the Delhi High Court on 5.03.1980. He also filed two petitions in the Court of Additional District Judge, Delhi, one for setting aside the ex-parte decree of divorce granted in favour of Rani Chaudhary and the other for restraining Rani Chaudhary from marrying Kishan Sikand. A restraint order was passed against Rani Chaudhary from marrying Kishan Sikand, pending decision of the divorce petition. On 6.1.1981, the Additional District Judge dismissed the petition for setting aside the ex-parte decree of divorce and also vacated the injunction order restraining Rani Chaudhary from remarriage.
(3.) On 9.01.1981, accused S.J. Chaudhary got another order from the High Court of Delhi restraining Rani Chaudhary from remarriage till further orders. This order was vacated by Delhi High Court on 17.03.1981 while dismissing the appeal filed by accused S.J. Chaudhary against ex-parte decree of divorce granted in favour of Rani Chaudhary. Since the accused S.J. Chaudhary had already gone in appeal before the Delhi High Court, against the order passed by the Additional District Judge on 6.01.1981, the said appeal was admitted and Rani Chaudhary was restrained from remarriage by the Delhi High Court. While disposing of the appeal on 14.09.1981, the Delhi High Court set aside the decree of divorce granted in favour of Rani Chaudhary and directed the parties to appear before learned District Judge for fresh hearing of divorce petition. Rani Chaudhary filed an appeal before this Court against the order dated 14.09.1981 passed by the Delhi High Court. This Court set aside the order dated 14.09.1981 passed by the Delhi High Court and restored the ex-parte decree of divorce granted in favour of Rani Chaudhary. After the divorce litigations between Rani Chaudhary and accused S.J. Chaudhary came to an end, Kishan Sikand (deceased) proposed Rani Chaudhary for marriage to which she agreed and they decided to marry after the divorce is granted to Rani Chaudhary and continued to live together in the house of deceased Kishan Sikand at 98, Sundar Nagar, New Delhi. Accused S.J. Chaudhary started threatening Rani Chaudhary and also lodged complaints on 29.9.1981 and 30.9.1981 at P.S. Lodhi Road and P.S. Hazrat Nijamuddin against Kishan Sikand for illegally keeping his wife with him. But Rani Chaudhary gave in writing that she had taken divorce from accused S.J. Chaudhary and that she was staying there as a paying guest out of her own free will and Kishan Sikand had not illegally detained her. The case of the prosecution is that the accused S.J. Chaudhary having lost his endeavour to win back his wife Rani Chaudhary, made up his mind to eliminate Kishan Sikand and so he procured the raw ingredients to manufacture a bobby trap bomb and using parts of a hand-grenade, he managed to manufacture a bobby trap bomb. This bobby trap bomb was converted into a parcel addressed to Kishan Sikand. On 2.10.1982, the said parcel, containing the bomb, was kept at the staircase leading to the first floor of 98, Sundar Nagar, New Delhi, in the rear portion whereof Kishan Sikand was residing along with Rani Chaudhary. When the said parcel bomb was opened by deceased Kishan Sikand, it triggered off resulting in an explosion and his instantaneous death.;

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