HC acquits 7 awarded death sentence for ‘honour killing’

The court noted that the incident of the alleged honour killing had taken place on the intervening night of May 22-23,2006. The official complaint with the police in this regard was lodged on May 29. However,a final report was filed on the very next day,even though the Investigating Officer did not have any communication with the Station Officer concerned.

Subsequently,a re-investigation was requested in January 2007 and the IO,an officer of a rank of Circle Officer,visited the site for the first time only in March 2007. The court noted that,as an obvious result of such delay,the mortal remains of the deceased could not be recovered,which could have been crucial in establishing the guilt of the accused.

The Additional Sessions Judge,Badaun,had awarded death sentences to the seven accused on July 30,2012.

Passing the order on Friday,a division bench of Justices Amar Saran and Pankaj Naqvi said: “This court is pained to observe that even though the present case may have been a case of honour killing or suicide,yet on account of motivated lethargy of the investigating agencies,vital evidence in the form of recovery of mortal remains of the deceased,submission of final report in the first instance and virtually 10-month delayed in inspection of the site,the actual perpetrators could not be nailed.”

According to the prosecution story,one Deendayal and Kumari Anita of Faridpur village under Gunnaur in Badaun were involved in an affair. Anita’s father,Natthu,and his relatives were opposed to the same. Natthu had also fixed his daughter’s marriage elsewhere.

It was alleged that on the night of May 22-23,2006,Deen Dayal and Anita were burnt alive in a field. Apart from Natthu,the other accused in the case were all relatives of Natthu. The complainants in the case were brothers of Deen Dayal. The court,however,disbelieved their statements before the court,noting that they had made several improvements as compared to their statements in the FIR.