LAWS(SC)-2013-11-10

SURESH KUMAR Vs. STATE OF HARYANA

Decided On November 11, 2013
SURESH KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The correctness of the Appellant's conviction for an offence punishable under Section 498A and Section 304B of the Indian Penal Code (Indian Penal Code) is questioned before us. The Appellant had earlier been acquitted by the Trial Court and on an appeal by the State, his acquittal was reversed and he was convicted of the offences charged. In our opinion, the High Court was right, on merits, in convicting the Appellant for the offences for which he was charged.

(2.) The scope of interference against an order of acquittal is also before us but in view of several decisions of this Court on this subject, we are not inclined to repeat the conclusions arrived at. All we need say is that on the facts of this case the High Court was justified in interfering with the order of acquittal passed by the Trial Court.

(3.) The Appellant Suresh Kumar married Sulochana on 18th February, 1990 at village Bal Chhappar. Since Suresh Kumar was in the Army, he was not permanently staying in the matrimonial home but would come home while on leave.