H.D. SIKAND (D) THROUGH L.RS. Vs. CENTRAL BUREAU OF INVESTIGATION AND ANR.
SUPREME COURT OF INDIA
H.D. Sikand (D) Through L.Rs.
Central Bureau Of Investigation And Anr.
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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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