{"id":186290,"date":"2009-01-14T00:00:00","date_gmt":"2009-01-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-partap-on-14-january-2009"},"modified":"2017-12-15T04:55:37","modified_gmt":"2017-12-14T23:25:37","slug":"state-of-haryana-vs-partap-on-14-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-partap-on-14-january-2009","title":{"rendered":"State Of Haryana vs Partap on 14 January, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">State Of Haryana vs Partap on 14 January, 2009<\/div>\n<pre>         IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                        CHANDIGARH.\n\n                                              Crl. A. No. 267-DBA of 2008\n                                        DATE OF DECISION : 14.01.2009\n\nState of Haryana\n                                                            .... APPELLANT\n\n                                  Versus\n\nPartap\n                                                        ..... RESPONDENT\n\nCORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL\n            HON'BLE MRS. JUSTICE DAYA CHAUDHARY\n\n\nPresent:    Mr. Partap Singh, Senior DAG, Haryana,\n            for the appellant.\n\n            Ms. Amita Arora, Advocate, Amicus curiae,\n            for the accused-respondent.\n\n                        ***\n\nSATISH KUMAR MITTAL , J.\n<\/pre>\n<p>             The State of Haryana has filed this appeal against the judgment<\/p>\n<p>of acquittal of the sole accused Partap, passed by the Court of Additional<\/p>\n<p>Sessions Judge (I), Faridabad, on 22.5.2007 in Sessions Case No. 57 of<\/p>\n<p>2006, arising from FIR No. 194 dated 27.8.2006, registered at Police Station<\/p>\n<p>Sarai Khawaja, Faridabad, under Section 304-B of the IPC.<\/p>\n<p>            In brief, the aforesaid FIR (Ex.PA\/1) was registered on the<\/p>\n<p>complaint made by Jagdish Parsad, uncle of Archana (deceased), on<\/p>\n<p>27.8.2006, on the allegation that marriage of his niece Archana was<\/p>\n<p>solemnized in the year 2003 with Partap (accused-respondent) resident of<\/p>\n<p>Village Mayore, PS Vilgram, District Hardoi (U.P.). In the marriage, the<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                         -2-<\/span><\/p>\n<p>dowry was given by his brother Bachey Lal (father of Archana), according<\/p>\n<p>to his status. However, accused Partap insisted again and again for bringing<\/p>\n<p>more dowry. He used to give beatings to Archana. Due to that reason,<\/p>\n<p>Archana used to remain upset. After some time, the accused brought<\/p>\n<p>Archana from his village Mayore to Faridabad, where also he demanded<\/p>\n<p>dowry and gave beatings to her. On 26.8.2006, at about 10.00 P.M., he got<\/p>\n<p>the information that Archana has died. On receiving that information, he<\/p>\n<p>came to the house of Partap, where he found that Archana was lying on the<\/p>\n<p>floor with bluish marks on her neck. Near the dead body, broken bangles<\/p>\n<p>were also lying. It appeared to him that Archana has died due to<\/p>\n<p>strangulation and he doubted that accused Partap has committed this crime.<\/p>\n<p>The aforesaid complaint was made to the police at 2.50 A.M. (night) on<\/p>\n<p>27.8.2006, on the basis of which the aforesaid FIR was registered at 3.20<\/p>\n<p>A.M. on the same day. Subsequently, the inquest report (Ex.PC) was<\/p>\n<p>prepared and the dead body was taken to the Hospital for post mortem. The<\/p>\n<p>post mortem of the deceased was conducted by a Board of three Doctors.<\/p>\n<p>They found ligature marks high in the neck going backwards and upwards<\/p>\n<p>missing behind right pinna. On left side, it was backwards and upwards and<\/p>\n<p>disappearing in hair line. There was no subcutaneous       haemorrhage or<\/p>\n<p>fracture of hyoid bone. No external mark of injury was seen. In the opinion<\/p>\n<p>of the Board of Doctors, the deceased died due to asphyxia as a result of<\/p>\n<p>hanging, which was antemortem in nature and sufficient to cause death in<\/p>\n<p>the ordinary course of nature.\n<\/p>\n<p><span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                           -3-<\/span><\/p>\n<p>            After completion of investigation, the police filed the challan.<\/p>\n<p>The charge under Section 304-B IPC was framed against the accused to<\/p>\n<p>which he pleaded not guilty and claimed trial.\n<\/p>\n<p>            In support of its case, the prosecution examined 11 witnesses,<\/p>\n<p>including PW.9 Jagdish (uncle of the deceased), PW.10 Bachey Lal (father<\/p>\n<p>of the deceased) and PW.11 SI Sudeep Singh (the Investigating Officer) and<\/p>\n<p>also led other documentary evidence. The accused in his statement under<\/p>\n<p>Section 313 Cr.P.C. denied the prosecution version and stated that he was<\/p>\n<p>falsely implicated in the case, though he was innocent. He did not lead any<\/p>\n<p>evidence in his defence.\n<\/p>\n<p>            The trial court, after considering and appreciating the evidence<\/p>\n<p>led by the prosecution, acquitted the accused, while coming to the<\/p>\n<p>conclusion that the prosecution has failed to prove that Partap being<\/p>\n<p>husband of deceased Archana harassed her on account of demand of dowry<\/p>\n<p>and on that account, she committed suicide on 26.8.2006, within 7 years of<\/p>\n<p>her marriage, and that soon before her death, she was subjected to any<\/p>\n<p>cruelty.\n<\/p>\n<p>            Shri Partap Singh, learned Senior Deputy Advocate General,<\/p>\n<p>Haryana, appearing on behalf of the appellant-State, submitted that the trial<\/p>\n<p>court has wrongly acquitted the accused while recording wrong findings,<\/p>\n<p>which are totally contrary to the evidence led by the prosecution. In this<\/p>\n<p>regard, he submitted that the trial court has recorded a finding that death of<\/p>\n<p>the wife occurred after 7 years of the marriage, therefore, the offence under<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                             -4-<\/span><\/p>\n<p>Section 304-B IPC has not been made out. According to the learned<\/p>\n<p>counsel, the said finding is contrary to the statements of PW.9 Jagdish and<\/p>\n<p>PW.10 Bachey Lal, father of the deceased, who have categorically stated<\/p>\n<p>that the marriage of deceased Archana was solemnized with the accused in<\/p>\n<p>the year 2003. Learned counsel submitted that in cross-examination of these<\/p>\n<p>two prosecution witnesses, even it was not suggested that marriage of the<\/p>\n<p>deceased had taken place prior to the year 2003. While totally ignoring the<\/p>\n<p>statements of these two witnesses, the trial court, while relying upon a<\/p>\n<p>casual observation by PW.11, SI Sudeep Singh, the Investigating Officer,<\/p>\n<p>where he stated that marriage of the deceased with the accused was<\/p>\n<p>solemnized in U.P. 7-9 years ago, again said 5-6 years ago, has recorded a<\/p>\n<p>perverse finding that marriage of the deceased was solemnized with the<\/p>\n<p>accused more than 7 years prior to the alleged occurrence. Learned counsel<\/p>\n<p>further submitted that a wrong finding has also been recorded by the trial<\/p>\n<p>court that both Archana and the accused were residing separately. He has<\/p>\n<p>recorded the said finding while observing that PW.9 Jagdish has stated so,<\/p>\n<p>whereas no such statement was made by this witness, either in his<\/p>\n<p>examination-in-chief or in his cross-examination. Thirdly, learned counsel<\/p>\n<p>for the appellant-State submitted that while ignoring the statements of PW.9<\/p>\n<p>Jagdish and PW.10 Bachey Lal, a wrong finding has also been recorded by<\/p>\n<p>the trial court to the effect that the prosecution has failed to prove that soon<\/p>\n<p>before the death of Archana, she was subjected to any harassment by the<\/p>\n<p>accused in connection with any demand of dowry. In the alternative, learned<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                          -5-<\/span><\/p>\n<p>counsel for the appellant-State submitted that if there is lack of sufficient<\/p>\n<p>evidence with regard to harassment by the accused to the deceased soon<\/p>\n<p>before her death in connection with demand of dowry, there is sufficient and<\/p>\n<p>positive evidence available on the record (i.e. statements of PW.9 Jagdish<\/p>\n<p>and PW.10 Bachey Lal), which clearly establish that within 7 years of her<\/p>\n<p>marriage, Archana was subjected to cruelty by her husband-accused.<\/p>\n<p>Therefore, under Section 113-A of the Indian Evidence Act, it is presumed<\/p>\n<p>that the suicide committed by the deceased had been abetted by the accused.<\/p>\n<p>Thus, the accused is liable to be convicted under Section 306 IPC. Learned<\/p>\n<p>counsel submitted that the aforesaid two witnesses have categorically stated<\/p>\n<p>that the deceased was being harassed by the accused after consuming liquor.<\/p>\n<p>After consuming liquor, he used to give beatings to her and also demand<\/p>\n<p>money from her for consuming liquor. These allegations clearly fall under<\/p>\n<p>the definition of `cruelty&#8217; as defined in Explanation to Section 498-A IPC.<\/p>\n<p>Learned counsel further submitted that though the charge under Section 306<\/p>\n<p>IPC has not been framed against the accused, but while recording the<\/p>\n<p>statement of accused under Section 313 Cr.P.C., the aforesaid allegations<\/p>\n<p>and the evidence, which duly constitute the offence under Section 306 IPC,<\/p>\n<p>were duly put to the accused. Therefore, sufficient opportunity of defence<\/p>\n<p>was granted to the accused with regard to the offence under Section 306<\/p>\n<p>IPC. Even otherwise, the offence under Section 306 IPC is lesser to the<\/p>\n<p>offence under Section 304-B IPC, for which the charge has been framed<\/p>\n<p>against the accused. Therefore, without remanding the matter for grant of<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                          -6-<\/span><\/p>\n<p>opportunity of defence to the accused, he can be convicted for the offence<\/p>\n<p>under Section 306 IPC.\n<\/p>\n<p>            On the other hand, Smt. Amita Arora, Advocate, amicus curiae,<\/p>\n<p>appearing on behalf of the respondent-accused, submitted that keeping in<\/p>\n<p>view the evidence available on the record, the trial court has rightly<\/p>\n<p>acquitted the accused for the offence under Section 304-B IPC. She<\/p>\n<p>submitted that one of the material ingredients of the offence under Section<\/p>\n<p>304-B IPC i.e. soon before her death she was subjected to cruelty or<\/p>\n<p>harassment by her husband or his relative in connection with demand of<\/p>\n<p>dowry has not been established at all. PW.9 Jagdish and PW.10 Bachey Lal<\/p>\n<p>have not at all stated that the deceased was subjected to harassment by the<\/p>\n<p>accused soon before her death in connection with the demand of dowry. She<\/p>\n<p>submitted that if the finding of the trial court that the marriage of the<\/p>\n<p>deceased was solemnized with the accused 7 years prior to the alleged<\/p>\n<p>occurrence is taken as contrary to the evidence, even then the offence under<\/p>\n<p>Section 304-B IPC is not made out against the accused. Learned counsel<\/p>\n<p>further submitted that as far as offence under Section 306 IPC is concerned,<\/p>\n<p>there is no reliable and trust worthy evidence to prove that the deceased was<\/p>\n<p>subjected to cruelty, which abetted her to commit suicide. The allegation<\/p>\n<p>levelled by PW.9 and PW.10 that the accused used to consume liquor and<\/p>\n<p>give beatings to the deceased and demand money from her for consuming<\/p>\n<p>liquor, as stated by them while appearing in the Court, is totally an<\/p>\n<p>improvement, as these witnesses did not state these facts before the police<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                            -7-<\/span><\/p>\n<p>under Section 161 Cr.P.C. Learned counsel, while further referring to the<\/p>\n<p>statements of these two witnesses and pointing out the contradictions in<\/p>\n<p>their statements before the police and in the court, submitted that they are<\/p>\n<p>not reliable witnesses at all and on the basis of their statements regarding<\/p>\n<p>the aforesaid allegations, no presumption as to abatement of suicide by a<\/p>\n<p>married woman within 7 years of the marriage under Section 113-A of the<\/p>\n<p>Indian Evidence Act can be raised. Therefore, the accused is also not liable<\/p>\n<p>to be convicted for the offence under Section 306 IPC.\n<\/p>\n<p>            We have heard the arguments of learned counsel for both the<\/p>\n<p>parties and have perused the impugned judgment as well as the trial court<\/p>\n<p>record.\n<\/p>\n<p>            From the medical evidence, available on the record, i.e. Post<\/p>\n<p>Mortem Report (Ex.PB) and statement of PW.2 Dr. A.K. Lohan, it has been<\/p>\n<p>clearly established that the deceased has died an un-natural death by<\/p>\n<p>committing suicide. Further, it is the case of the prosecution that marriage of<\/p>\n<p>the deceased was solemnized with the accused in the year 2003 i.e. within 7<\/p>\n<p>years of her death. However, a contrary finding has been recorded by the<\/p>\n<p>trial court to the effect that marriage of the deceased was solemnized with<\/p>\n<p>the accused more than 7 years prior to the alleged occurrence. In our<\/p>\n<p>opinion, this finding is totally perverse and against the evidence on the<\/p>\n<p>record. From the very beginning, PWs Jagdish and Bachey Lal, uncle and<\/p>\n<p>father of the deceased, have categorically stated that marriage of Archana<\/p>\n<p>was solemnized with the accused in the year 2003. In the Court, while<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                                  -8-<\/span><\/p>\n<p>appearing as PW.9 and PW.10, again they categorically stated the same fact.<\/p>\n<p>Even no suggestion was put to them by the defence counsel that marriage of<\/p>\n<p>the accused with Archana was not solemnized within 7 years of the alleged<\/p>\n<p>occurrence. In our opinion, this fact was not controverted at all by the<\/p>\n<p>defence. The trial court, while relying upon an observation made by the<\/p>\n<p>Investigating Officer in his statement as PW.11 before the Court that<\/p>\n<p>marriage of the deceased with the accused was solemnized in U.P. 7-9 years<\/p>\n<p>ago, again said 5-6 years ago, has wrongly recorded a finding that marriage<\/p>\n<p>was solemnized more than 7 years prior to the alleged occurrence. In our<\/p>\n<p>opinion, this finding cannot be sustained. The prosecution has established<\/p>\n<p>that marriage of the deceased was solemnized with the accused in the year<\/p>\n<p>2003 i.e. within 7 years of the alleged occurrence. The trial court has also<\/p>\n<p>recorded a perverse finding to the effect that both the accused as well as the<\/p>\n<p>deceased were residing separately. It has been observed that in his<\/p>\n<p>statement, PW.9 Jagdish has so stated. A perusal of the said statement<\/p>\n<p>reveals that the aforesaid witness has not stated so at all. Learned counsel<\/p>\n<p>for the accused-respondent could not controvert this factual position. In<\/p>\n<p>view of this, the said finding of the trial court is also not sustainable.<\/p>\n<p>             Further, the finding recorded by the trial court with regard to<\/p>\n<p>the alleged harassment caused by the husband to the deceased wife in<\/p>\n<p>connection with demand of dowry soon before her death, in our opinion, is<\/p>\n<p>in confirmity with the evidence available on the record. A perusal of the<\/p>\n<p>statements of PW.9 Jagdish and PW.10 Bachey Lal shows that these<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                            -9-<\/span><\/p>\n<p>witnesses have stated nothing that soon before the alleged occurrence, the<\/p>\n<p>accused harassed the deceased on account of demand of dowry. Both these<\/p>\n<p>witnesses have stated that the deceased was harassed by the accused after<\/p>\n<p>consuming liquor. He used to beat her and demand money from her for<\/p>\n<p>consuming liquor. Therefore, in our opinion, the prosecution has failed to<\/p>\n<p>establish that the deceased was subjected to cruelty soon before her death in<\/p>\n<p>connection with demand of dowry. It is well settled that in case, the<\/p>\n<p>prosecution has failed to prove this fact, then no offence under Section 304-<\/p>\n<p>B IPC can be said to have been made out. In this regard, reference can be<\/p>\n<p>made to the judgment of the Supreme Court in Pawan Kumar versus State<\/p>\n<p>of Haryana, 1998 (3) SCC 309. Thus, the acquittal of the accused by the<\/p>\n<p>trial court for the offence under Section 304-B IPC is to be upheld.<\/p>\n<p>            Now, the question which arises for consideration is as to<\/p>\n<p>whether in the facts and circumstances of this case, the accused is liable to<\/p>\n<p>be convicted for the offence under Section 306 IPC. Undisputedly,no charge<\/p>\n<p>under Section 306 IPC was framed in this case. However, it is well settled<\/p>\n<p>that the accused can still be convicted for the offence actually committed by<\/p>\n<p>him, if the said offence is proved on the basis of the evidence available on<\/p>\n<p>record. The only precaution to be taken is that the accused has not been<\/p>\n<p>misled by non-framing of the charge for that particular offence. But, if the<\/p>\n<p>incriminating evidence which led to the commission of the said offence has<\/p>\n<p>been put to the accused at the time of recording of his statement under<\/p>\n<p>Section 313 Cr.P.C., then it is to be taken that the accused was not mis-led<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                          -10-<\/span><\/p>\n<p>by non-framing of the said charge. In this regard, reference can be made to a<\/p>\n<p>decision of the Supreme Court in the case of <a href=\"\/doc\/1250057\/\">K. Prema S. Rao v. Yadla<\/p>\n<p>Srinivasa Rao,<\/a> (2003) 1 SCC 217, wherein while acquitting the accused<\/p>\n<p>under Section 304-B IPC, he was convicted for the lesser offence under<\/p>\n<p>Section 498-A and 306 IPC, at the appellate stage.\n<\/p>\n<p>            Now, it is to be considered as to whether there is sufficient<\/p>\n<p>evidence available on the record, on the basis of which the accused can be<\/p>\n<p>convicted under Section 306 IPC. PW.9 Jagdish and PW.10 Bachey Lal, in<\/p>\n<p>their statements before the Court, have categorically stated that after the<\/p>\n<p>marriage, the accused harassed the deceased after consuming liquor and by<\/p>\n<p>giving beating to her. He also used to demand money from her for<\/p>\n<p>consuming liquor. Learned counsel for the accused-respondent submitted<\/p>\n<p>that this portion of the statement of these witnesses cannot be relied upon,<\/p>\n<p>as these two witnesses did not state these facts before the police while<\/p>\n<p>making complaint and recording the statement under Section 161 Cr.P.C.<\/p>\n<p>Learned counsel submitted that this version of the prosecution is after-<\/p>\n<p>thought and cannot be relied upon. It is true that these facts do not find<\/p>\n<p>mention in the complaint made by PW.9 Jagdish as well as the statement<\/p>\n<p>(Ex.DA) made by PW.10 Bachey Lal before the police, but these witnesses,<\/p>\n<p>while appearing before the Court, have stated that the police had not<\/p>\n<p>correctly recorded their statements. Actually, the deceased was being<\/p>\n<p>harassed by the accused. In our opinion, the statements of these two<\/p>\n<p>witnesses on this point cannot be discarded, because they are consistent in<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                          -11-<\/span><\/p>\n<p>their examination-in-chief as well as cross-examination that the deceased<\/p>\n<p>was being harassed and given beating by the accused by consuming liquor<\/p>\n<p>and he also used to demand money from her for consuming liquor. In our<\/p>\n<p>opinion, the aforesaid statements are sufficient to raise presumption under<\/p>\n<p>Section 113-A of the Indian Evidence Act, which provides that when the<\/p>\n<p>question is whether the commission of suicide by a woman had been abetted<\/p>\n<p>by her husband and it is shown that she had committed suicide within a<\/p>\n<p>period of seven years from the date of her marriage and that her husband<\/p>\n<p>had subjected her to cruelty, the Court may presume, having regard to all the<\/p>\n<p>other circumstances of the case, that such suicide had been abetted by her<\/p>\n<p>husband. It has been established on record that the deceased had committed<\/p>\n<p>suicide within a period of seven years from the date of her marriage and she<\/p>\n<p>was subjected to cruelty by her husband during the said period. The<\/p>\n<p>Explanation to Section further provided that for the purpose of this section,<\/p>\n<p>&#8220;cruelty&#8221; shall have the same meaning as in section 498A of the Indian<\/p>\n<p>Penal Code. Explanation to Section 498-A of the Code provides as under :<\/p>\n<blockquote><p>            Explanation :- For the purpose of this section, &#8220;cruelty&#8221; means-\n<\/p><\/blockquote>\n<blockquote><p>                  (a) any wilful conduct which is of such a nature as is<br \/>\n            likely to drive the woman to commit suicide or to cause grave<br \/>\n            injury or danger to life, limb or health (whether mental or<br \/>\n            physical) of the woman; or\n<\/p><\/blockquote>\n<blockquote><p>                  (b) harassment of the woman where such harassment is<br \/>\n            with a view to coercing her or any person related to her to meet<br \/>\n            any unlawful demand for any property or valuable security or is<br \/>\n            on account of failure by her or any person related to her to<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                           -12-<\/span><\/p>\n<p>            meet such demand.\n<\/p><\/blockquote>\n<p>In our opinion, if the husband used to harass the wife after consuming liquor<\/p>\n<p>and give beating to her and demand money from her for consuming liquor,<\/p>\n<p>the said conduct falls under the definition of `cruelty&#8217; as defined above. In<\/p>\n<p>this regard, reference can be made to the decision of the Andhra Pradesh<\/p>\n<p>High Court in P. Bikshapathi and others v. State of Andhra Pradesh, 1989<\/p>\n<p>Criminal Law Journal 1186. In this case, there is sufficient evidence<\/p>\n<p>available on the record, which establish that within the seven years of her<\/p>\n<p>marriage, the deceased was subjected to cruelty by the accused. The<\/p>\n<p>probability of existence of nexus between the cruelty and the suicide can not<\/p>\n<p>be ruled out. In our opinion, the alleged cruelty was such of the nature as<\/p>\n<p>was likely to drive the woman to commit suicide. Therefore, keeping in<\/p>\n<p>view all the facts and circumstances of the case, we are of the opinion that<\/p>\n<p>the presumption can safely be raised against the accused under Section 113-<\/p>\n<p>A of the Indian Evidence Act. In the instant case, neither there is any<\/p>\n<p>evidence led by the accused nor any material available on the record, which<\/p>\n<p>rebut the said presumption. In his statement under Section 313 Cr.P.C., the<\/p>\n<p>accused has only stated that the allegations of consuming liquor, giving<\/p>\n<p>beating to his wife and demanding money from her for liquor, were<\/p>\n<p>incorrect. Except that denial, there is no evidence available on the record,<\/p>\n<p>which rebut the aforesaid presumption. In our opinion, once the cruelty is<\/p>\n<p>proved, there is a presumption of continuity, unless contrary is proved.<\/p>\n<p>            In view of the above, the accused-respondent is convicted<br \/>\n<span class=\"hidden_text\"> Crl. A. No. 267-DBA of 2008                                         -13-<\/span><\/p>\n<p>under Section 306 IPC.\n<\/p>\n<p>            After taking into consideration the various factors, i.e. age of<\/p>\n<p>the deceased, period of her marriage with the accused-respondent, the fact<\/p>\n<p>that she committed suicide in the matrimonial house, we sentence the<\/p>\n<p>accused-respondent Partap to undergo rigorous imprisonment for a period of<\/p>\n<p>5 years with a fine of Rs. 5,000\/-. In default of payment of fine, he shall<\/p>\n<p>undergo rigorous imprisonment for a further period of six months.<\/p>\n<p>            The appeal is, accordingly, allowed. The accused-respondent<\/p>\n<p>Partap, who is on bail, shall surrender to custody to serve the remainder of<\/p>\n<p>his sentence.<\/p>\n<pre>\n\n\n                                           ( SATISH KUMAR MITTAL )\n                                                    JUDGE\n\n\n\nJanuary 14, 2009                                ( DAYA CHAUDHARY)\nndj                                                  JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court State Of Haryana vs Partap on 14 January, 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. A. No. 267-DBA of 2008 DATE OF DECISION : 14.01.2009 State of Haryana &#8230;. APPELLANT Versus Partap &#8230;.. RESPONDENT CORAM :- HON&#8217;BLE MR. JUSTICE SATISH KUMAR MITTAL HON&#8217;BLE MRS. JUSTICE DAYA CHAUDHARY [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-186290","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>State Of Haryana vs Partap on 14 January, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-partap-on-14-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Haryana vs Partap on 14 January, 2009 - Free Judgements of Supreme Court &amp; 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