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Sorry state of affairs that the society at large still treats a girl as a property not a human being: Madhya Pradesh High Court

In the honor killing case of Dheeraj Gupta vs The State Of Madhya Pradesh (CRIMINAL APPEAL No.1597/2009) the Madhya Pradesh High Court opined that it is a sorry state of affairs that the society at large still treats a girl as a property not a human being.

Facts of the case:  on 05.06.2005 at about 11:45 in the night, the complainant Rohit Samari approached to Police Station City Kotwali, Panna by making a written complaint (Ex.P-8) to the effect that on 05.06.2005 at about 10:00 pm, his brother Rahul @ Munna was taken by Dheeraj Gupta and his friend Ashique Beg (the appellants herein), to have dinner in the house of Dheeraj Gupta. Thereafter, at 11:15 in the night, complainant Rohit Samari (PW-6) received a phone call from the uncle of one Pradeep Gupta informing him that a fight was going on with the brother of the complainant in the house of Gupta Ji at Tikuriya Mohalla. Upon receiving the phone call, the complainant called his friend Bhupendra Singh (PW-1) and they both went to the house of the appellant Dheeraj Gupta where the uncle of Dheeraj namely Babulal met them on the ground floor. When they asked Babulal about Rahul, he said Rahul was upstairs and also told them not to go upstairs as the police would be coming. However, the complainant and Bhupendra Singh ran up to the terrace and saw the dead body of Rahul lying on the floor of the terrace in a pool of blood. Rahul had multiple injuries on his head, face and foot. After that the complainant went to the police station and lodged the written complainant about the murder of his brother by the appellants Dheeraj and Ashique Beg. 

Police officials of police station Kotwali, Panna registered an FIR under Section 302 read with Section 34 of IPC and thereafter, started investigation. On the same night, sister of appellant-Dheeraj Gupta, namely Kumari Deepa D/o Suresh Kumar Gupta was also found unconscious and injuries were found all over her body. The primary treatment of Kumari Deepa was done at District Hospital Panna and looking at her critical condition, she was referred to Gwalior Hospital for treatment. However, Kumari Deepa died on the way near Datia on 06.06.2005. 

Rohit Samari had further deposed that after lodging the report, when he was returning from the police station, Sheikh Rais Khan and Akhtar Ahmed met him. They told him that they had seen Dheeraj Gupta and Ashique Beg with swords in their hands saying they had finished Rahul. This witness has further stated that his brother deceased Rahul was murdered because he had been having an affair with the sister of appellant Dheeraj Gupta.

The Trial Court framed charges under Sections 302 of IPC (two counts) for murder of Rahul Samari and Deepa and in alternatively under Section 306 of IPC for abating deceased Deepa to commit suicide. The appellants herein denied to have committed aforesaid offences and took the defence of false implication.

Judgment: In this case the judges had to consider whether the prosecution had proved its case, based on the circumstantial evidence. The prosecution had relied upon the following circumstances to prove its case :- 

  1. The deceased Rahul was last seen with the appellants. 
  2. Extrajudicial confession by the accused persons.
  3. Recovery of incriminating articles from the possession of accused persons. 

After examining all the evidence and the witnesses and overall facts of the case it was revealed that this was a case of honor killing. The court also rightly stated that it is such a sorry state of affairs that the society at large still treats a girl as a property not a human being. The girls are paraya dhan or property of others and the right to dispose of this property or paraya dhan lies in its owner. Being a property, a girl has no right to choose her own destiny or partner. If a girl dare to choose her partner, the members of her family do not hesitate to brutally assassinate their own blood. Their honor is too high to touch their hearts.

JUDGMENT REVIEWED BY: SHUBHANGI CHAUDHARY

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