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Maharishi Markandeshwar University, Mullana, Haryana
Maharishi Markandeshwar University, Mullana, Haryana
Mullana (District Ambala)
Haryana, IndiaPin Code : 133207
Maharishi Markandeshwar University, Mullana Haryana is a University recognised by UGC. Status: Deemed University. Maharishi Markandeshwar University, Mullana Haryana is also known as MM University Mullana. Maharishi Markandeshwar University, Mullana Haryana was established on / in 12.06.2007.
Maharishi Markandeshwar University is situated in Mullana of Haryana state (Province) in India. This data has been provided by www.punjabcolleges.com. Fax # of Maharishi Markandeshwar University, Mullana Haryana is 01731-304110, 274375, 274475, 275793, 2304111.
Mobile No(s) of concerned persons at Maharishi Markandeshwar University, Mullana Haryana are 99965-80872, 99965-80873, 99965-80875-78, 80599-32601, 8059933365.
email ID(s) is
Website of Maharishi Markandeshwar University, Mullana Haryana is www.mmumullana.org.
Additional Information about Maharishi Markandeshwar University, Mullana Haryana is : HR12
School of Architecture
Maharishi Markandeshwar University
Tel: 0171-2009202, Fax: 0171-2009203
Chancellor : Tarsem Kumar Garg (DOB 11 September).
Registrar : Phone : 01731-274475 - 78, Fax : 374375.
Contact Details of Maharishi Markandeshwar University, Mullana Haryana are : Telephone: +91-1731-304100, 304177, 304276, 274475-78, 304486, 304586, 0171-2009201-03
MM Group of Institutions, now under MM University, within a short span of time achieved incredible success in imparting quality education in the field of Engineering, Medical, Para-medical, Dental, Management and Education, etc. It has established itself as a premier institution of high quality professional education not only in north India but in the entire country. Now from the session 2008-09 the MMU,with the due permission of the Bar Council of India,has embarked upon another ambitious professional programme of legal education by the introduction of two Law Courses, (a) B.A.LL.B. (Integrated) Five Years (b) LL.B. Three Years, with the objective of imparting quality legal education. Admissions to both the courses are held generally during July on the basis of merit .The B.A.LL.B. (Integrated) course is of five years duration spread over ten semesters while the Three Years LL.B. course is spread over six semesters.
Profile of MM International School (MMIS)
The school motto as expressed in Sanskrit reflects that life and learning are one , and the Latin translation is life is for learning or learning is for life - Vita Eadem Studia. The three expressions are open to very rich interpretation, and the choice of two ancient languages of scholarship is a representation of the fusion of cultural excellence found at MMIS. MMIS is situated in a perfect Indian setting yet delivers an international education. The buildings are all modern and spacious and offer the students the near-comfort of home in the open countryside. The education system, besides providing an all-round education intellectually, socially, emotionally and physically, also offers guidance in critical thinking, social openness and in purposeful research. Students are given opportunities to develop their own talents as well as to be aware of national and global issues, while contributing to the healthy development of the needs of their own school campus and community. Homework is given to encourage and develop independent study skills and to complement particular fields of study. A homework timetable is issued to all students who are required to complete the work as assigned by subject teachers. On entry into the School, each pupil is placed in a Form Group of not more than 25 under a Form Tutor who will be responsible for monitoring all aspects of progress and welfare. The Form Tutor is the first point of contact for parents on any issue concerning the child. The School will actively encourage strong links with parents to ensure that at all times they are kept fully informed of any concerns that they or the school may have. Regular Parent Evenings/Mornings will take place and these, along with half yearly reports and occasional interim reports, will ensure that each pupilï¿½s progress is closely monitored.
MM College of Pharmacy (Degree) (MMCP) running B.Pharmacy course
A comparatively younger member of the MM Galaxy of educational institutions, the MM College of Pharmacy is growing in close kinship of the MM Institute of Medical Sciences and Research. The college has well equipped labs of Pharmaceutical Chemistry, Pharmaceutics, Pharmacognosy, Pharmacology, Microbiology, Biochemistry apart from Animal House, Garden of Medicinal Plants, Museum, Machine Rooms, Instruments Room, Aseptic Room, and Computer Centre, etc. for providing training to the students on different aspects of Pharmacy. The resources and world class infrastructure available at the Institute are utilized very efficiently and effectively as a result of which the passouts have an edge over others for immediate Employment. All out efforts are made to enhance the performance and lay emphasis on quality education practices. Apart from imparting extensive training at the level of college, high-tech training in reputed industries and hospitals is being arranged. The main objective is to produce competent efficient and result oriented professional swith remarkable academic excellence.
MM College of Pharmacy (Diploma) (MMCP-Diploma) running D.Pharmacy course.
Principal Mr HR Batra
Principal- cum-Professor (Pharmaceutical Chemistry), is M.Pharm. He started his career as lecturer in Govt Polytechnic for Women and rose up to the status of Principal. He has also served the Deptt of Technical Education Haryana, Chandigarh as Joint Director and has also worked as Principal in Rayat and Bahra Institiute of Pharmacy. He has to his credit Admistrative and Teaching experience of more than 35 years.
Location of MMU Mullana
How to reach us
Distance from I.G International Airport, New Delhi: 225 k. m.
Distance from Chandigarh Airport: 42 k. m.
Distance from Ambala Cantt. Railway station: 23k.m.
Distance from Ambala Cantt. Bus station: 23 k.m.
Distance form Yamuna Nagar Railway station: 29k.m.
Distance form Jagadhri: 24k.m.
If you start from New Delhi.
Take any bus going towards Chandigarh/Punjab/Himachal Pradesh/ J&k. and get off at Ambala Cantt. Bus exchange. From there catch any bus going towards Yamunanagar/Jagadhri/or any local bus towards Mullana stop.
Another route can be opted via Barara. In this case the bus has to be changed from Shahabad Bus exchange.
If you start from Chandigarh.
Take any bus going towards New Delhi/Jaipur/Rohtak/Panipat/Agra and get off at Ambala Cantt. Bus exchange. From there catch any bus going towards Yamunanagar/Jagadhri/or any local bus towards Mullana stop.
Dr. Manoj Goyal, Assistant Professor, Department of Pharmacology, Mobile 9996670146, Email Id: email@example.com
Other colleges of Maharishi Markandeshwar (MM) Group of Institutions, Sadhopur
MM Institute of Medical Sciences and Research (MMIMSR), Mullana (Ambala)
MM College of Dental Sciences and Research (MMCDSR), Mullana (Ambala)
MM School of General Nursing and Midwifery (MMSGNM), Mullana (Ambala)
MM Engineering College (MMEC), Mullana
MM Institute of Computer Technology and Business Management (MMICTBM), Mullana (Ambala)
MM Institute of Physiotherapy and Rehabilitation (MMIPR), Mullana (Ambala)
MM Institute of Management (MMIM), Mullana (Ambala)
MM College of Nursing (MMCN), Mullana
MM College of Education (MMCE), Mullana (Ambala)
Maharishi Markandeshwar University, Solan
MM Institute of Engineering and Technology, Sadhopur
MM Group of Institutions, Karnal
MM Medical College Kumarhatti, Solan
MM College of Pharmacy, Mullana
CoursesMaharishi Markandeshwar University, Mullana Haryana runs course(s) in Degree, Business Management stream(s).
MD/MS/PG Diploma, B.Tech, BBA, BCA, B.Com, LLB, BSc, MBA, , MA, MPT, MSc Nursing, MDS, MD
Department of Law running BA LLB course since 2008.
MM Institute of Hotel Management and Catering Technology (Diploma) (MMIHMCT) running Diploma in Hotel Mgt. and Catering Tech.
Department of Distantance Education running following courses in distance mode:
Stream Degree, Law, Fashion Design, Computer Applications
Courses M PHIL, MCA, MSIT, BSIT, MA EDUCATION, M SC, MA, B LIB, B.SC, LLM, BSC FASHION DESIGN
Profile of Maharishi Markandeshwar UniversityInstitute of Hotel Management related
Principal Mr Asutosh Mathur is alumnus of IHM Lucknow. He has over 23 years experience which include hotel operations and project administration. He earlier served as General Manager Unique Foods Private Ltd. New Delhi.
Founded in 2002, MM Institute of Computer Technology and Business Management (Hotel Management) has endeavoured to produce efficient service sector professionals. It is widely recognized for impar ting quality education and has groomed many professionals, who today hold key positions in various hospitality organizations. Over the years, the hospitality industry has gained the recognition as one of the fastest growing and most dynamic industrial sectors providing more and more openings in service industries such as hotels, restaurants, airlines, cruise liners, hospitals, tourism etc. with an exciting and highly remunerative career. Training to the students is given in the area of Front Office operations, House Keeping, Culinary Training, Accommodation Management at the Restaurant and other Labs of Food Production, Food Science, Front Office, with complete infrastructure of a Star Hotel under the expert guidance of its highly competent faculty with years of first hand professional experience in hotel industry.
The institute aims at providing the corporate sector with professionally sound and dynamic professionals in hoteleering who have a vision and ability to meet the challenges of the present day need. Learning is facilitated at the Institute with the help of extensive industry projects, role-plays and to connect knowledge with current hotel practices. Soon the University is bringing up a three star Hotel with five star facilities along the Institute on NH-73 to work as Lab of the Ins t i tute for providing on the job training to its students as also to provide an environment matching with the needs of leading Hotels in the country and outside, apart from serving as resort for the visitors from the surrounding areas. In addition, the Institute has a well stacked Library, Language Lab, Computing Lab, Personality Development Cell to enthuse confidence among the students and prepare them for working for the status oriented Hotel Industry.
The most important segment of the Institute is a highly pro- active placement cell to guide and extend assistance to the students for getting excellent placements. Having attained perfection in practical training and getting acclimatized and tuned with the environment matching with the needs of leading Hotels, the students undergoing the course of Hotel Management and Catering Technology at the Institute have been offered excellent placement, in many cases even much before the completion of their course with unexpected pay packages in industry like Oberoi Group of Hotels, Taj Group of Hotels, Accor Group of Hotels, Jet Airways, Radissiion, New Delhi, Intercontinental, New Delhi, Shangrilla, New Delhi, The Indian Habitat Centre, Cafe - Coffee Day, Barista, McDonald, MOCCHA, Pizza Hut, Dalmia Resorts, Sahara Ambey Vally, Lonawala, ITC Morya Sherton, Le Meridian, New Delhi, Park Pizza chain of Hotels, Sofetal Surya, J P Group of Hotels.
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M Tech and etc (Admission Notice)
PHD Programs (Admission Notice)
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MBBS and BDS etc (Admission Notice)
BTech MBA and MCA etc (Admission Notice)
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Shri Tarsem Kumar Garg (Profile)
MD MS Diploma and MDS (Admission Notice)
Ph D Programme (Admission Notice)
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Mulana university di bus palti (News)
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M Phill in Physics English and others (Admission Notice)
America jayenge Maharishi Markandeshwar Institute ke Students (Profile)
M Sc Nursing Course (Admission Notice)
UG PG Diploma and Doctorate Course offered (Admission Notice)
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MD MS PG Diploma (Admission Notice)
Vice Chancellor and Controller of Examination (Job Vacancy)
MD MS and PG Diploma Courses (Admission Notice)
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Govt rebate to put pvt hospitals under RTI act (News)
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MMU Maulana ki Mamta Sharma ko best poster award (News)
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Media coverage of Maharishi Markandeshwar University, Mullana Haryana, Haryana
IntroductionMaharishi Markandeshwar University, Mullana - Ambala, erstwhile known as Maharishi Markandeshwar Education Trust was founded with the objective of social, educational and economic upliftment of society in the year 1993, in the name of Lord Shiva's devotee, 'Maharishi Markandeshwar Ji'. MM University Trust, Mullana - Ambala has become a symbol of quality education in technical, professional and medical streams in northern India and has been carrying on its lineage for over 16 years.
In exercise of powers conferred under Section 3 of the University Grants Commission Act, 1956, the Central Government, on the advice of the University Grants Commission, has declared Maharishi Markandeshwar University, Mullana - Ambala comprising ten of its teaching institutions, as 'Deemed University' vide Notification No. F.9-65/2006-U.3 (A) dated 12-6-2007. The constituent institutions of the University are MM Engineering College; MM Institute of Computer Technology & Business Management (MCA); MM College of Dental Sciences & Research; MM Institute of Physiotherapy & Rehabilitation; MM Institute of Computer Technology & Business Management (Hotel Management); MM Institute of Medical Sciences & Research; MM Institute of Management; MM College of Nursing; MM College of Pharmacy; and MM Institute of Nursing, Mullana, Ambala. These institutes are also approved by the regulatory bodies like Medical Council of India, Dental Council of India, Indian Nursing Council, Indian Association of Physiotherapists, All India Council for Technical Education etc.
The Trust today has evolved as a symbol of holistic value-based quality education of global dimensions shaping the talents and aspirations of bright young generations at undergraduate and post-graduate level. Today it has built temples of learning, equipped with state-of-art infrastructure and excellent faculty drawn from institutions and industry across the country.
The MM University is an epitome of quality education, imparting value-based, career-oriented, professional and technical education in the area of Engineering, Technology, Medical Sciences and Dental Science, Paramedical, Physiotherapy, Pharmacy, Management Studies etc.
The University has taken upon itself a great deal of social responsibility to provide the best in terms of academics, extra-curricular activities, infrastructure and environment as a whole. The carefully selected faculty members are an important asset of MMU for providing sound academic inputs blended with organization of National Seminars, Conferences, Workshops, Industry-academia interactions and orientation towards Research, Innovation, etc.
The Faculty members are highly qualified with long teaching experience acquired at the prestigious Institutes of our country and have to their credit a large number of books and research papers published in refereed journals of national and international repute. The MM University provides an environment which is fully conducive to all academic pursuits while offering many Faculty Development schemes for University teachers to participate in national and international conferences. In order to update the knowledge of the students and teachers while keeping them abreast with latest research in subject, Seminar, Conferences, Industry-Academic Interfaces, programmes are organized as a routine activity at the MM institutions. University publishes its bi-annual journal ' MM University Journal of Management Practices' to promote research.
The University can take pride in providing best infrastructure for its various Institutes, with well-equipped Labs and workshops having ultra-modern latest equipments in keeping with the norms prescribed by the respective regulating Councils for carrying out experiments by students. It also provides through a newly constituted Consultancy Cell a time-bound schedule for the consultancy services by the faculty to Govt. Departments and outside private agencies at reasonable and competitive rates.
The whole campus has networking with optic fibre line and 20 Mbps connectivity. Edusat, Language Lab, Entrepreneurship Development Cell. MM University provides scholarships to students on merit. It also has attractive provisions of awarding financial assistance to deserving students on Merit-cum-means basis as also Medals with cash prizes to meritorious students who excel in various fields like academic, sports, culture, etc.
Sports and cultural programmes are integral part of the students' activities. The students of all the Institutes are motivated to regularly participate in these activities. The facilities available on the campus include Cricket, Hockey, Football, Basketball, Volley Ball, Tennis, Badminton; etc. apart from indoor games.
The key differentiator of the Maharishi Markandeshwar University is to focus on high quality research with emphasis on overall development of the students of MM institutions to equip them not only in academic contents of their courses but also to make them good human beings, who would be pride of the nation and would make a mark wherever they would go.
Understanding its social responsibility the University Hospital has provided healthcare facilities in the neighborhood vicinity, within a radius of 50 Kms. by establishing dispensaries and Health Care centers. The University provides the conveniences to the patients seeking medical treatment by way of free bus services from various convenient points in all neighboring villages and townships.
With the introduction of more courses and opening of the new institutions, more and more institutional buildings, an auditorium, an administrative block, several hostels and houses are being constructed. A 3-star Hotel-cum-Resort is coming up to provide accommodation to visitors and also to act as Laboratory for the students of the MM Institute of Hotel Management and Catering Technology.
MM University has developed Academic Bodies, to set up high standards, design innovations and interdisciplinary courses in emerging areas and improve the curriculum of the existing courses keeping in view the latest trends and market needs. The MM University has, thus, taken up a big challenge to bring about a change in the educational, cultural and social environment of the society and strives hard towards furtherance of its goal.
Profile of UniversityMaharishi Markandeshwar University, Mullana - Ambala was founded with the objective of social, educational and economic up lift mint of society in the year 1993, The University has been Declared Deemed University' vide Notification No. F.9-65/2006-U.3 (A) dated 12-6-2007. The University is approved by the regulatory bodies like Medical Council of India, Dental Council of India, Indian Nursing Council, Indian Association of Physiotherapists, and All India Council for Technical Education etc.
Maharishi Markandeshwar University established in November 1993 as a group of institution by Tarsem Kumar Garg, now it has been designated as deemed university on the advice of University Grants Commission (UGC). Earlier it was affiliated to Kurukshetra University and approved.
CoursesCourses Program offered
M.Sc in Pharmacology
M.Sc in Microbiology
M.Sc in Bio Chemistry
M.Sc in Physiology
M.Sc in Anatomy
MCA Industry Integrated
M.Sc in Obstetrics & Gynaecology
M.Sc in Psychiatric
M.Sc in Pediatric
M.Sc in Community Health
M.Sc in Medical Surgical
MPT in Paediatric Physiotherapy
MPT in Cardiopulmonary Physiotherapy
MPT in Sports Physiotherapy
MPT in Neuro Physiotherapy
MPT in Ortho-Physiotherapy
M.A in Education
M.A in English
M .Pharm in Pharmaceutics
M .Pharm in Pharmacology
M .Pharm in Pharmacogonosry
M .Pharm in Pharmaceutical Chemistry
MDS in Community Dentistry
MDS in Oral Medicine & Radiology
MDS in Pedodontics
MDS in Orthodontics
MDS in Oral Pathology & Microbiology
MDS in Conservative Dentistry
MDS in Periodontics
MDS in Oral & Maxillofacial Surgery
MDS in Prosthodontics
PG D in Radiodiagnosis
PG D in Paediatrics
PG D in Orthopaedics
PG D in Obstetrics & Gynaecology
PG D in Anaethesiology
MS in Obstetrics & Gynaecology
MS in General Surgery
MS in Otorhinolaryngology
MD in Tuberculosis & Respiratory Diseases
MD in Radio diagnonis
MD in Pharmacology
MD in Paediatrics
MD in General Medicine
MD in Community Medicine
MD in Anatomy
MD in Physiology
MD in Pathology
MD in Microbiology
MD in Forensic Medicine
MD in Bio chemistry
MD in Biochemistry
MD in Anaethesiology
MBA Industry Integrated
MBA in Education Managemen
MBA in Real Estate Management
MBA in Insurance Management
MBA in Hospitality Management
MBA in International Business
MBA in Hospital Management
MBA in Retail Management
MBA in HR Management
MBA in Wealth Management
MBA in Marketing Management
MBA in Finance Management
Mechanical Engg. Manufacturing Systems
Electronics & Communication Engg.
M.Tech in Computer Science & Engg.
Diploma in Dental Mechanics
Diploma in Dental Hygienist
Diploma in Hotel Management & Catering Technology
Diploma in Civil Engineering
Diploma in Information Technolog
Diploma in Mechanical Engineering
Diploma in Computer Science & Engineering
Diploma in Electronics & Communication Engineering
BCA Industry Integrated
BBA Industry Integrated
B.Sc. Hotel Management Industry Integrate
B.Sc. MLT Micro Biology & Immunology
B.Sc B.Sc. OT
B.Sc. Hospitality & Catering Technology
B.Pharm Lateral Entry
BHM&CT Bachelor of Hotel Mgt. & Catering Technology
B.Tech Lateral Entry
B.Tech. in Mechatronics
B.Tech. in Biotechnology
B.Tech. in Computer Science & Engg.
B.Tech. in Civil Engg.
B.Tech. in Electronics & Instrumentation Engg
B.Tech. in Information Technology
B.Tech. in Mechanical Engg
B.Tech. in Electronics & Communication Engg.
B.Tech. in Computer Engg.
Vice-Chancellor MessagesEstablished in the name of Maharishi Markandeshwar, the MM University is the first Self Financing Deemed University in Haryana, where institutions are already known for excellence in higher learning, imparting value-based, career-oriented professional and technical education. Over the years, the MM Institutions (now designated as University by the Govt. of India) have grown into a leading educational centre in northern India widely recognized for its latest infrastructural facilities, vibrant campus, and academic excellence in the fields of technical and medical education.
Living as we are in an age of rapid developments in science and technology, acting as major determinants in the evolution of processes, systems, society and humanity, we enable our young minds to grab emerging opportunities offered by the phenomenon of globalization. Our young men and women have the intelligence, talent and potential to become the most successful people in the world. The MM University possesses the necessary know-how to spruce up our future professionals, sharpen their abilities, and actualize their potential. Every care is taken that they become not only successful professionals but also ethical and responsible members of society.
Our abiding faith remains in excellence and exquisiteness. Competent faculty, innovating pedagogy, backed by strong practical input, regular national conferences/seminars/workshops, personality development programmes, language skills, management activities, industry interaction and orientation towards research, distinguish us from the rest. Our student-centred teaching is aimed at participatory education and personality development. Through concerted efforts of our faculty and students, we have been successful in setting global benchmarks in professional and technical education in India. It is, therefore, not without reason that the students passing out from MM University are rated highly in the employment market. Our graduates have earned enviable packages both in India and abroad.
We invite our young men and women endowed with inquisitive minds and high professional aspirations to come forward and join us to become precious members of the MM Family and MM Knowledge Pool.
Tarsem Kumar Garg
Profile of Vice - ChancellorProf. S.G.Damle is the Vice Chancellor of Maharishi Markandeshwar University, Mullana (Ambala) and Prof. of Pediatric Dentistry. He has completed his MDS in Pediatric Dentistry from Post Graduate Institute of Medical Education & Research, Chandigarh. Prof. Damle has several scholastic honours & professional distinctions to his credit which have made him to gain fame and popularity in the international arena. His unique and unbeatable caliber and talent have been duly recognized at National and International level and is one of few personalities who are the pride of the nation. He is a great visionary and a thinker whose aim is to bring revolutionary changes for the betterment of profession to the advantage of the nation. He is a great humanitarian and a principled man with a distinctive ideology and superhuman sublime conduct and is least interested in the pomp and show of false appreciation. In reality his extraordinary achievements can not find the true approval and acclamation but to count down his accomplishments in regard to the honours and distinctions bestowed on him is just to under estimate his persona.
He is Fellow of National Academy of Medical Sciences and Indian Society of Pedodontics & Preventive Dentistry. Due to his good will and credibility he was honoured with extraordinary assignments i.e. Dean, Nair Hospital Dental College, Mumbai (1995-2007), Dean, Faculty of Dentistry, University of Mumbai (1997-2002), Management Council Member, Maharashtra University of Health Sciences, Nashik (1998-2004), Chairman, Grievance Committee, Maharashtra University of Health Sciences (2000-2005), Director, International College of Continuing Dental Education, Singapore (2008 to till date). Due to his marvelous academic background and abundant knowledge of the profession he was the first Dental Surgeon to be appointed as Director, Medical Education and Public Health, Municipal Corporation, Mumbai (1999-2003) and later on promoted as Joint Municipal Commissioner, Medical Education and Public Health, Municipal Corporation, Mumbai (2003-2007). His endeavours towards Research are unique and unparalleled due to which he was entrusted various prestigious assignments such Regional Coordinator of Maharashtra & Goa for National Oral Health Survey & Fluoride Mapping, Member, Task Force on Dental Caries, Periodontal Disease & Oral Health I.C.M.R., New Delhi.
He has been conferred honours & distinctions by National and International Organizations owing to his proficiency, talent and intelligentsia with cognizance to his sincerity, devotion and dedication to the profession. He possesses remarkable and amazing influence, good will and credibility in Medical Community of Dentistry which considered him worthy of this grace and grandeur. He represented India at global level for consultation on Oral Health on Fluoride in Geneva. He is the recipient of Awards Bright Smile Bright Future Award of International Association of Pediatric Dentistry, & Merit Award of Pierre Fauchard Academy, Life Time Achievement Award of Indian Society of Pedodontics & Preventive Dentistry & FAMDENT. He remained National President of Indian Dental Association (2006), National President of Indian Society of Pedodontics and Preventive Dentistry (1995), Chairman of Pierre Fauchard Academy India Section (2005).
He wrote number of Articles which were published in National & International Journals, Member - Editorial Board of various Journals. He authored a Text of Pediatric Dentistry Book and also a Book on HIV/AIDS and Oral Health and served as Editor of Journal of Indian Society of Pedodontics & Preventive Dentistry (1995-2008). He was also the General Secretary and President of Indian Society of Pedodontics and Preventive Dentistry. He is also the recipient of Outstanding Public Servant Award.
LocationMaharishi Markandeshwar University, Mullana a symbol of holistic value-based quality education of global dimensions shaping the talents and aspirations of bright young generations at undergraduate and post-graduate level. Today it has built temples of learning, equipped with state-of-art infrastructure and excellent faculty drawn from institutions and industry across the country. MMU for providing sound academic inputs blended with organization of National Seminars, Conferences, Workshops, Industry-academia interactions and orientation towards Research, Innovation, etc.
Also serves : Entire World
Phone : 01731- 304100
Fax : 01731- 304111
Address : Mullana (Harayana)
Website : http://www.mmumullana.org
HistoryMaharishi Markandeshwar University was established in 1993 as a group of institution by Tarsem Kumar Garg. Earlier it was affiliated to Kurukshetra University and approved by All India Council of Technical Council (AICTE).
Founded in 1993, Maharishi Markandeshwar University, is a symbol of quality education in technical, professional and medical streams in northern India. It exists with the objective of social, educational and economic upliftment of society. MMU imparts value-based, career-oriented, professional and technical education in the area of Engineering, Technology, Medical Sciences and Dental Science, Paramedical, Physiotherapy, Pharmacy and Management Studies.
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The University prides in providing best infrastructure for its various Institutes, with well-equipped Labs and workshops having ultra-modern latest equipments in keeping with the norms prescribed by the respective regulating Councils for carrying out experiments by students. All the MM Institutes have their own computerized libraries, well stocked with specialized books, popular magazines and national and international journals. Medical, Dental and Engineering Colleges have air-conditioned libraries with internet connections for accessing e-journals and other websites on the internet. Sports and cultural programs are integral part of the students' activities.
Maharishi Markandeshwar University
Ambala - 133 001
AJAY KUMAR ARORAVsU T CHANDIGARHIN THE HIGH COURT FOR THE STATES OF PUNJAB and HARYANA AT CHANDIGARH.
CRM No. M-26391 of 2009 (O and M)
Date of decision: 18.09.2009
Ajay Kumar Arora ...Petitioner
U.T. Chandigarh ...Respondent
HON'BLE MR. JUSTICE RAJAN GUPTA
Mr. Vinod Ghai, Advocate, for the petitioner.
Rajan Gupta, J (oral).
This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under Sections 420/511 IPC at Police Station Sector 36, Chandigarh, vide FIR No.219 dated 8th August, 2009.
The allegations levelled in the FIR are that Jasmeet Kaur daughter of the complainant appeared in entrance test for admission to MBBS course being run by Maharishi Markandeshwar University, Mulana. Since Jasmeet Kaur could not qualify the exam, her father went to Guru Dronacharya Coaching Centre in Sector 36, Chandigarh where they met Ajay Kumar Arora (petitioner), the owner of the institute. Ajay Kumar Arora assured that he would get Jasmeet Kaur admitted in MBBS course at Maharishi Markandeshwar University, Mulana even though she had not qualified the entrance test. He, however, told them that they would have to spend money for this purpose. On 7th August, 2009, the complainant talked to Ajay Arora on his mobile No.9216500913. He called them to his office and told them that he had done the needful. The Chief Justice had given a telephone call to the Vice Chancellor of the University. They could go to M.M. University, Mulana and give reference of the Chief Justice. Thereafter, the complainant alongwith his daughter reached the University and sent a reference slip to Vice Chancellor. They were called inside by the Vice Chancellor and told that only an NRI seat was available. However, the complainant found the seat very expensive and thus rang up Ajay Arora (petitioner), who in turn assured that he would again get the Vice Chancellor rung up from the Chief Justice. After some time he told that the call had been made and they could again meet the Vice Chancellor.
The complainant and his daughter again met the Vice Chancellor. They
were asked to sit in the adjoining room. However, in the mean time,
Haryana Police reached there and started interrogating the complainant
and his daughter. Their statements were recorded and the instant FIR
was lodged. During investigation, statement of Vice Chancellor Shri Tarsem Kumar Garg was also recorded wherein he disclosed that on 7th
August, 2009, he had received a telephone and the caller had posed
himself to be a Chief Justice of Punjab and Haryana High Court.
Learned counsel for the petitioner has argued that there is no evidence on record to show that the petitioner was involved in the crime. On the other hand, it was one Suresh Kumar Yadav, who had been in touch with the complainant and he has already been arrested.
The petitioner never made any phone call to the Vice Chancellor posing as the Chief Justice. Moreover, no loss of any kind had been caused to
the complainant and thus no offence was made out.
I have heard learned counsel for the petitioner and given careful thought to the facts of the case.
It is evident from the statement of the complainant that the complainant has alleged that he met Ajay Kumar Arora, the petitioner herein, for the purpose of admission of his daughter to M.M. University, Mulana.
According to him, all discussions in this regard took place with the petitioner only. Even Shri Tarsem Kumar, Vice Chancellor stated during investigation that a phone call was received by him on 7th August, 2009 and the caller posed himself as the Chief Justice. In view of the allegations and the investigation carried out so far, the argument of the complainant that there is nothing on record to connect the petitioner with the crime, is devoid of force. Keeping in view the nature of offence committed and seriousness of the allegations, it appears that custodial interrogation of the petitioner is necessary for taking the investigation to its logical end.
I am thus of the considered view that no case for grant of concession of pre-arrest bail to the petitioner is made out. The petition is devoid of merit. The same is hereby dismissed.
PARAMDHARI SON OF LALA AGED 27 YEARS RESIDENT OFVsSTATE OF HARYANA Crl Appeal 370-DB of 2006IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of Decision: November 12, 2009
Paramdhari son of Lala, aged 27 years, resident of Village Luliana, P.S.Dhanghata, District Basti (U.P.). .....Appellant
State of Haryana. .....Respondent
HONBLE MR.JUSTICE MEHTAB S.GILL
HONBLE MR.JUSTICE RAM CHAND GUPTA
Mr.H.S.Jaswal, Advocate for the appellant.
Mr.S.S.Randhawa, Additional A.G., Haryana.
RAM CHAND GUPTA, J.
1. This is an appeal against judgment of conviction dated 28.4.2006 and order of sentence dated 29.4.2006 passed by the Court of Additional Sessions Judge, Ambala, vide which the present appellantaccused was convicted for offences punishable under Sections 302, 376 read with Sections 511 and 404 of the Indian Penal Code (for short `IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1000/- and, in default of payment of fine, to further undergo imprisonment for two months for offence under Section 302 IPC and further sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.500/- and in default of payment of fine to undergo imprisonment for one month for offence under Section 376 read with Section 511 IPC and further sentenced to
undergo rigorous imprisonment for three years and to pay fine of Rs.500/- and in default of payment of fine to undergo imprisonment for one month for offence under Section 404 IPC.
However, the substantive sentences were ordered to run concurrently.
2. Briefly stated, the case of the prosecution is that Ide son of Vijay, complainant, used to work as Mason with a contractor in M.M.College, Mullana. He was having three sons and one daughter Zahina (deceased), aged about 4/5 years. Paramdhari (accused) also used to work as a labourer in the College under another contractor-Lal Chand. On 14.3.2004 at about 9.00 a.m., Ide was busy in his work when another labourer Kalu (PW) asked him to throw iron jaali. He inquired from Kalu as to whether nobody else was present near the said
place and after confirming that there was nobody else on the ground, he thrown iron jaali on the ground. By chance, Paramdhari (accused) passed by that side and, however, iron jaali did not hit him as the jaali had fallen on one side. At about 1.30 p.m. Paramdhari accused met Idecomplainant and complained to him as to why he was trying to throw jaali on him and, however, he told him that he had thrown jaali after confirming from Kalu that nobody was there and that he was not at fault.
Thereafter, in the evening, Paramdhari accused again visited the complainant and again complained to him that it was not proper on his part to have thrown jaali on him. However, the complainant sent him after making him understand and thereafter he had gone to grocery shop to purchase house-hold goods.
3. On return from the shop, he was informed by his wife Smt.Malo that his daughter was playing outside and that she was taken away by Paramdhari accused and that she had not returned so far.
Complainant went to the hut of Paramdhari. However, Paramdhari was not found in his hut and his daughter was also not found there. They also met Bhudev son of Hanu, (PW4), another labourer, who also used to reside in a nearby hut, and he informed that he had seen Paramdhari accused with his daughter Zahina and that he was giving her tomato to eat and that he was taking her in his lap and on his enquiry he told him that as he was having no child, hence he used to love children. Zahina was searched by her parents. However, neither Zahina nor Paramdhariaccused was found. On the next morning, dead body of Zahina was recovered from nearby wheat field and there were ligature marks on her neck.
Kangan and ear rings, made of silver, which were being worn by Zahina were also missing.
4. On getting information about recovery of dead body of Zahina, Karta Ram, SI/SHO, Police Station Mullana, alongwith other police officials, reached the place of occurrence after recording rapat No.4, dated 15.3.2004, Ex.PK, and recorded statement of complainant Ide, Ex.PA at about 11.45 a.m., on which he made his endorsement Ex.PA/2, and sent the same to police Station, on the basis of which formal FIR Ex.PA/1 was recorded.
5. Investigation was taken in hand by SI Karta Ram (PW10), who prepared the rough site plan of the place of occurrence Ex.PL. He conducted inquest proceedings Ex.PM. He got conducted post mortem examination on the dead body vide application Ex.PE. Accused was
found missing, hence, he searched for the accused. On the pointing of Contractor Lal Chand, accused was arrested by him from Chandigarh.
6. During interrogation, the accused identified the place of occurrence and memo Ex.PH was prepared accordingly. On interrogation he suffered disclosure statement Ex.PJ. As per the
disclosure statement, he got recovered pair of bangles and pair of ear rings, made of silver belonging to the deceased, which were identified by Ide complainant and which were taken into possession vide memo Ex.PB, attested by Ide complainant and ASI Ram Kumar. The SI
prepared the site plan of the place of occurrence Ex.PN.
7. After completion of the investigation, report under Section 173 of the Code of Criminal Procedure (for short `Cr.P.C.) was prepared against the accused.
8. The case was committed to the Court of Sessions by the then learned Judicial Magistrate Ist Class, Ambala Canntt. on 14.7.2004, after compliance of the provisions of Section 207Cr.P.C.
9. Learned Additional Sessions Judge, Ambala, charged the accused for the offences punishable under Sections 302, 376 and 404 IPC, to which he did not plead guilty and claimed trial.
10. In order to substantiate the allegation against the accused, the prosecution has examined as many as 11 PWs.
11. PW1 is Ide son of Vijay, complainant of this case, who had lodged complaint Ex.PA with the police, as detailed above, on the basis of which formal FIR was registered and investigation was taken in hand.
It was in his presence that silver bangles and silver ear rings belonging to the deceased were got recovered by the accused.
12. PW2 is HC Om Parkash, who is a formal witness and who had tendered in evidence affidavit of his statement, Ex.PC.
13. PW3 is Constable Rishi Pal, who had handed over special report of this case to the Illaqa Magistrate on 15.3.2004 at 5.30 P.M.
14. PW4 is Bhudev son of Hanu, who had seen accused Paramdhari with Zahina deceased in his lap at about 6.00 or 7.00 p.m. on 14.3.2004. He also informed Ide-complainant and his wife Smt.Malo that he had seen Zahina with accused Paramdhari. He had also accompanied them in search of Zahina and they also searched Paramdhari accused. However, accused-Paramdhari was not available in his hut. It was in his presence that dead body of Zahina was recovered on the next morning from the wheat field.
15. PW5 is Ram Saran, Draftsman, who had visited the place of occurrence on 17.4.2004 and prepared the scaled site plan on 20.5.2004.
16. PW6 is Constable Dharam Pal, who had carried sealed parcels to the office of FSL Madhuban.
17. PW7 is Kalu son of Suhan, another labourer. It was in his presence that accused Paramdhari had complained Ide as to why he had thrown iron jaali while he was passing by that way. He had also seen accused Paramdhari with Zahina daughter of Ide in his lap at about 8.00 p.m. on 14.3.2004. He had also told this fact to Ide and his wife. He had also searched for Zahina and Paramdhari on that night and was also present when the dead body of Zahina was recovered on the next morning.
18. PW8 is ASI Om Parkash, who had joined the investigation with Karta Ram, SI/SHO on 15.3.2004.
19. PW9 is ASI Ram Kumar, who had received telephonic message on 15.3.2004 regarding discovery of dead body of Zahina and in whose presence accused was arrested from Chandigarh on the pointing of Lal Chand, Contractor. Accused demarcated the place of
occurrence in his presence regarding which memo Ex.PH was prepared, which was attested by him. Accused suffered disclosure statement Ex.PJ as well in his presence and got recovered bangles and ear rings of silver belonging to the deceased which were identified by Ide and were taken into possession vide memo Ex.PB. The bangles are Ex.P1 and P2
and ear rings are Ex.P3 and P4.
20. PW10 is SI Karta Ram, the Investigating Officer of this case, who prepared the report under Section 173 Cr.P.C. of this case, after completion of the investigation.
21. PW11 is Dr.Narinder Garg, who alongwith Dr.Suresh Sharma, had conducted the post mortem examination on the dead body of Zahina on 15.3.2004. He deposed that there were multiple abrasions numbering 22 on the front of neck and extending to lateral side on both
the sides, which were deep set into the skin, brown colour and of variable sizes ranging from 0.5 cm x 0.5 cm to 4 cm x .5 cm. He further deposed that dissection revealed that there was petechial hemorrhage in the subcutaneous tissues. He found that labia was having multiple
abrasions, hymen was ruptured, vaginal wall was lacerated and vagina was full of blood.
22. In their opinion the cause of death was asphyxia and the injuries were ante mortem in nature and were sufficient to cause death in ordinary course of events. He had proved copy of post mortem report Ex.PQ.
23. Statement of accused in terms of Section 313 Cr.P.C. was recorded, in which he denied the version of the prosecution witnesses and had taken the plea that he was falsely implicated in this case at the instance of two contractors, who were inimical towards him.
However, he did not lead any evidence in his defence.
24. Learned trial Court convicted and sentenced the accused, as aforementioned, against which the present appeal has been filed.
25. We have heard learned counsel for the appellant, learned Additional Advocate General, Haryana, and have gone through the whole record carefully.
26. It has been argued by learned counsel for the appellantaccused that material witness Smt.Malo, mother of the deceased, has not been examined by the prosecution. It has further been contended that there are material discrepancies in the statements of Bhudev (PW4) and Kalu (PW7), hence no reliance can be placed upon their testimony. It has further been contended that the accused has falsely been implicated in this case due to rivalry between the two contractors. It has further been contended that there was no motive for the accused to have murdered Zahina. It is further contended that as the present case is based on circumstantial evidence, prosecution has failed to prove chain of the circumstances leading to guilt of the accused and of none else. It is also contended that there is also delay in lodging the FIR. He has placed reliance upon a division Bench judgment of this Court rendered in Smt.Manju alias Sapna vs. State of Haryana 2008(1) RCR (Criminal) 16.
27. On the other hand, it has been argued by learned Additional Advocate General, Haryana, that delay in this case in lodging the FIR is fully explained, as it was natural for the parents of the deceased to have first searched for her and when her dead body with ligature marks and, other injuries was recovered, information was given to the police. He has further argued that merely because mother of deceased has not been examined as a prosecution witness, it cannot be said that no reliance can be placed upon the testimony of Bhudev and Kalu, both of whom had seen the accused with the deceased. Both are natural witnesses of
occurrence, as they used to reside in the nearby huts and having no enmity against the accused. Hence there is nothing as to why they should have falsely implicated the accused in this case. Hence it is argued that it is proved that accused alongwith Zahina was last seen by PWs Bhudev and Kalu and that the accused was also found missing from his hut and that on the next morning dead body of Zahina was recovered. It is further contended that accused also got recovered ornaments of silver being worn by deceased at the time of occurrence.
Hence it is contended that prosecution has been able to prove that in view of the said circumstances, being proved against the accused, the only inference which can be drawn is that he attempted to commit rape upon the deceased child and, thereafter killed her by strangulation and also removed silver ornaments being worn by her. Hence it is argued that learned trial Court has rightly convicted and sentenced the accused.
28. The case of prosecution is based on circumstantial evidence. Law on circumstantial evidence has been well settled by Honble Apex Court in various judgments. In cases, rest squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. Where the case depends upon the conclusion drawn from circumstances, the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring the offences home beyond any reasonable doubt.
29. Reference can be made to Hukam Singh vs. State of Rajasthan, AIR (1977 SC 1063); Edadu and ors. Vs. State of Hyderabad (AIR 1956 SC 316); Earabhadrappa vs. State of
Karnataka, 1983 (1) RCR (Criminal) 292: (AIR 1983 SC 446); State of U.P. vs. Sukhbasi and ors AIR 1985 SC 1224); Balwinder Singh vs. State of Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee vs. State of M.P. (AIR 1989 SC 1890); and Bhagat Ram vs. State of Punjab (AIR 1954 SC 621).
30. In Padala Veera Reddy vs. State of A.P. and Ors., 1990 (2) RCR (Criminal) 26: (AIR 1990 SC 79), it was laid down that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests:
(1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established;
(2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused;
(3) the circumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and
(4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.
31. In the present case, the circumstances on which the case of prosecution is based can be enumerated as under:
(i)Medical evidence showing that the death of Zahina was homicidal.
(ii)The accused and deceased were last seen together at about 7.00 or 8.00 p.m. on 14.3.2004 and dead body of Zahina was recovered on the next morning from nearby fields.
(iii)Conduct of accused in running away from his hut immediately after the occurrence and remaining absconding till he is arrested by the police from Chandigarh on the identification of his contractor with whom he used to work.
(iv)Recovery of silver ornaments belonging to the deceased at the instance of the accused.
(i) Medical evidence showing that the death of Zahina was homicidal.
32. From the deposition of PW11 Dr.Narender Garg, who alongwith Dr.Suresh Sharma had conducted post mortem examination on the dead body of Zahina on 15.3.2004, the cause of death was asphyxia and the injuries were ante mortem in nature and sufficient to cause death in ordinary course of nature. The dead body of Zahina was having multiple abrasions numbering 22, present in front of neck and extending to lateral side on both the sides. Her labia was having multiple abrasions. Hymen was ruptured. Vaginal wall was lacerated and vagina was full of blood. Further as per the opinion of the medical officer duration between the injury and death was few minutes and duration between death and post mortem was within 48 hours. The post mortem was conducted at 4.45 p.m. on 15.3.2004. As per prosecution version occurrence had taken place in between 7.00 or 8.00 p.m. on
14.3.2004 and about 8.00 or 9.00 a.m. on 15.3.2004. Hence prosecution version finds corroboration from medical evidence. Hence, prosecution has been able to prove that the death of Zahina was homicidal.
(ii) The accused and deceased were last seen together at about 7 .00 o r 8.00 p.m. on 14.3.2004 and dead body of Zahina was r ecovered o n the next morning from nearby fields.
33. As per case of the prosecution, complainant Ide (PW1), Bhudev (PW4), Kalu (PW7) and accused Paramdhari were labourers.
There is no dispute that they used to do labour work in M.M.College Mullana. They used to work under different Contractors. Accused- Paramdhari used to work under Lal Chand, Contractor, whereas the complainant and the witnesses used to work under Gian Chand,
Contractor. They were having their huts nearby. They were known to each other, though the complainant and accused were not on visiting terms to each others huts. The accused was having no enmity against PWs Bhudev and Kalu. Accused was also having no enmity with
complainant Ide. There was only minor scuffle between the two during day time while they were doing labour work. However, the incident was explained to the accused by Kalu PW as well as by the complainant and the complainant told him that he was having no intention to cause any harm to him and that it was just by chance that iron jaali fell near him. Ide complainant had clarified in the crossexamination that in the evening when accused again came to him and complained to him about the occurrence of throwing of iron jaali during day time, he had again clarified to him and he went satisfied. He also clarified that at that time he and accused were alone and that he did not disclose the said fact to his wife or to any other member of his family.
The complainant deposed that when he returned after purchasing grocery articles, he was told by his wife that Zahina (deceased) was taken away by accused Paramdhari, who used to reside in a nearby hut.
The accused was also seen with Zahina by Bhudev, PW4 and Kaul PW7. Deposition of both these witnesses on the point is consistent.
There are only minor discrepancies regarding the place where the parents of deceased met them, when fact of accused having been found with Zahina deceased was disclosed to Ide and his wife by these witnesses. The fact that Bhudev disclosed the complainant that he had
seen Zahina with accused Paramdhari at about 7.00 or 8.00 p.m. on 14.3.2004 also finds mention in the complaint Ex.PA lodged by the complainant on the basis of which FIR was registered.
34. Plea taken by the accused in his statement under Section 313 Cr.P.C. is that he has been falsely implicated in this case as both the contractors were inimical to him. However, he has not taken any plea that either complainant or Bhudev PW4 or Kalu PW7 were inimical towards him. Moreover he has failed to adduce any evidence to prove the assertion that contractors Gian Chand and Lal Chand were inimical towards him. It is not believable that both the contractors would be inimical towards him. At the time of arguments, plea taken by learned counsel for the accused is that there was rivalry between the two contractors, however, there is no evidence in this regard as well.
Accused was arrested from Chandigarh on the identification of his contractor with whom he used to work.
35. Argument of learned counsel for the accused that in view of the fact that mother of the deceased has not been examined as witness, no reliance can be placed upon testimony of complainant and PWs Bhudev and Kalu, cannot be accepted. A number of witnesses are not
required to prove a certain fact. The fact that accused was seen with deceased at about 7.00 or 8.00 p.m. on 14.3.2004 has been proved from consistent depositions of independent witnesses, i.e., PW4 Bhudev and PW7 Kalu and the same is duly corroborated by deposition of complainant Ide.
36. Manju alias Sapnas case (supra), on which reliance has been placed upon by learned counsel for the appellant-accused, is not applicable to the facts of the present case as in that case the accused was not known to the complainant, who had allegedly seen the deceased
with the accused. Even the description of accused had not come in the testimony of wife of deceased sufficient to establish the identity of the accused and no test identification parade was also held and hence on the basis of those peculiar facts, no reliance was placed upon the alleged last seen evidence in that case.
37. However, in the present case complainant Ide, accused Paramdhari, PWs Bhudev and Kalu were all labourers and used to work at the same site and having their huts nearby.
Hence, they were very well known to each other.
38. Hence, prosecution has been able to prove that accused Paramdhari was last seen with deceased Zahina at about 7.00 or 8.00 p.m. on 14.3.2004.
(iii) Conduct of accused in running away from his hut immediately after the occurrence and remaining absconding till he is a rrested b y the police from Chandigarh on the i dentification of his c ontractor with whom he used to work.
39. It has been deposed by complainant Ide that when he returned to his hut, after purchasing grocery goods, he was informed by his wife that Zahina was taken away by accused Paramdhari and that she had not returned. Hence, they went in search of Zahina.
They first went to the hut of Paramdhari. However, he was not found there.
Zahina and Paramdhari were searched by Ide, his wife, PWs Bhudev and Kalu, however, neither Paramdhari nor Zahina was found anywhere.
They had been seraching for them throughout the night. In the morning dead body of Zahina was recovered from nearby wheat fields, however, Paramdhari remained absconding. On information being given to the police, Paramdhari was also searched by police officials.
However, he was not found anywhere, near his hut where he used to reside. Police went to Panchkula and Chandigarh in search of Paramdhari and also enquired from Lal Chand Contractor with whom he used to work. It has been deposed by the Investigating Officer that he was arrested, on the identification of contractor, Lal Chand from Chandigarh. Hence,
prosecution has been able to prove that accused remained absconding since the time he was last seen with Zahina by PW4 Bhudev and PW7 Kalu and till he was arrested by police on the next day from Chandigarh.
(iv) Recovery of silver ornaments belonging to the deceased at the instance of the accused.
40. PW10 SI Karta Ram has categorically deposed that accused suffered disclosure statement, Ex.PJ that he had kept concealed silver bangles and silver ear rings belonging to the deceased near his hut under the brick and that he could get the same recovered and that nobody except him was having knowledge of the same. Disclosure statement was made by the accused in the presence of Ram Kumar ASI (PW9) and HC Mohan Lal. Deposition of PW9 Ram Kumar ASI and PW10 SI Karta Ram is consistent on this point and there is nothing as to why the same is disbelieved.
41. The SI Karta Ram (PW10) further deposed that in pursuance of disclosure statement Ex.PJ accused led police party alongwith father of the deceased Ide to the disclosed place and got recovered pair of bangles and pair of ear rings Ex.P1 to P4 by removing the brick nearby his hut. Ornaments were identified by Ide, complainant, father of the deceased.
Deposition of SI Karta Ram on this point is duly corroborated by ASI Ram Kumar (PW9) and Ide (PW1).
The recovery memo Ex.PG was attested by both of them. Hence, prosecution has been able to prove the recovery of ornaments belonging to the deceased at the instance of the accused. That part of the statement of accused, which led to the recovery is admissible under Section 27 of the Evidence Act.
42. In the present case delay in lodging the FIR is not fatal.
The same is duly explained. It was natural conduct on the part of the parents of the deceased to have searched for her and the accused with whom, she was last seen. They had been searching for them throughout the night and early in the morning when her dead body was recovered in the nearby fields, police was informed.
43. On this point reliance is also placed upon Ravinder Kumar v. State of Punjab (SC) 2001 Crl.L.J.4242, relevant paragraphs of which read as under:
14. When there is criticism of the ground that FIR in a case was delayed the Court has to look at the reason why there was such a delay. There can be a variety of genuine causes for FIR lodgment to get delayed. Rural people might be ignorant of the need for informing the police of a crime without any lapse of time. This kind of unconversantness is not too uncommon among urban people also. They might not immediately think of going to the police station. Another possibility is due to lack of adequate transport facilities for the informers to reach the police station. The third, which is a quite common bearing, is that the kith and kin of deceased might take some appreciable time to regain a certain level of tranquility of mind or sedativeness of temper for moving to the police station for the purpose of furnishing the requisite information. Yet another cause is, the persons who are supposed to give such information themselves could be physically impaired that the police had to reach them on getting some nebulous information about the incident.
15. We are not providing an exhausting catalogue of instances which could cause delay in lodging the FIR. Our effort is to try to point out the stale demand made in the criminal courts to treat the FIR vitiated merely on the ground of delay in its lodgment cannot be approved as a legal corollary. In any case, where there is delay in making the FIR the court is to look at the causes are not attributable to any effort to concoct a version no consequence shall be
attached to the mere delay in lodging the FIR. Vide Zahoor v. State of U.P. 1991 Supl.(1) SCC 372; Tara Singh v. State of Punjab 1991 Suppl.(1) SCC 536; Jamna v. State of U.P. 1994 (1) SCC 185. In Tara Singh (supra) made the following observations:
`It is well settled that the delay in giving the FIR by itself cannot be ground to doubt the
prosecution case. Knowing the Indian conditions as they are we cannot expect these villagers to rush to the police station immediately after the occurrence. Human nature as it is, the kith and kin who have witnessed the occurrence cannot be expected to act mechanically with all the promptidue in giving the report to the police. At times being grief stricken because of the calamity it may be immediately occur to them that they should give a report.
After all it is but natural in these circumstances for them to take some time to go to the police station for giving the report.
44. So far as argument of learned counsel for the accused that there was no motive for the accused to have committed murder of Zahina is concerned, it is not sine qua non for the success of prosecution that motive must be proved. So far as other evidence remains convincing and is not open to reasonable doubt, a conviction may well be based on it. For this view reliance is placed upon Krishna Pillai Sree Kumar and another vs. State of Kerala 1981 AIR (SC) 1237.
45. In the present case, as per medical evidence, it has been proved that attempt to commit rape upon the deceased Zahina was made, hence motive can be inferred from the said fact.
Accused allured Zahina by giving her tomato and had taken her in his lap in the nearby fields and tried to commit rape upon her and however, when she cried, accused strangulated her to silence her voice and ran away.
46. Though the burden of proof is on the prosecution to prove the guilt of the accused beyond any shadow of reasonable doubt, however, the doctrine of presumption is not alien to the said rule. When prosecution succeeds in establishing certain facts, the Court has to
presume the existence of certain other facts. Presumption of fact is an inference as to the existence of one fact from the existence of some other facts, unless the principle of such inference is disproved.
Presumption of fact is a rule of law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts and the said principal has been incorporated in Section 114 of Indian Evidence Act.
Even as per Section 106 of the Indian Evidence Act, it is for the accused to explain certain facts, which are particularly within his knowledge.
47. On this point reliance has been placed upon State of West Bengal vs. Mir Mohammad Omar and others etc. etc. SLJ 2000 (2) 1679, the relevant paragraphs of which read as under:
31. The pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilized doctrine as though it admits no process of intelligent reasoning. The doctrine of presumption is not alien to the above rule, nor would it
impair the temper of the rule. On the other hand, if the traditional rule relating to burden of proof of the prosecution is allowed to be wrapped in pedantic coverage the offenders in serious offences would be the major beneficiaries, and the society would be the casualty.
32. In this case, when prosecution succeeded in establishing the afore-narrated circumstances, the Court has to presume the existence of certain facts.
Presumption is a course recognized by the law for the Court to rely on in conditions such as this.
33. Presumption of fact is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved.
Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the Court exercises a process of reasoning and reach a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when Section 114 is incorporated in the Evidence Act. It empowers the Court to presume the existence of any fact which it thinks likely to have happened. In that process Court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case.
34. When it is proved to the satisfaction of the Court that Mahesh was abducted by the accused and they took him out of that area, the accused alone knew what happened to him until he was with them. If he was found murdered within a short time after the abduction the
permitted reasoning process would enable the Court to draw the presumption that the accused have murdered him. Such inference can be disrupted if accused would tell the Court what else happened to Mahesh at least until he was in their custody.
.35. During arguments, we put a question to learned senior counsel for the respondents based on a hypothetical illustration. If a boy is kidnapped from the lawful custody of his guardian in the sight of his people and the kidnappers disappeared with the prey, what would be the normal inference if the mangled dead body of the boy is recovered within a couple of hours from elsewhere.
The query was made whether upon proof of the above facts an inference could be drawn that the kidnappers would have killed the boy. Learned senior counsel finally conceded that in such a case the inference is reasonably certain that the boy was killed by the kidnappers unless they explain otherwise.
36. In this context we may profitably utilize the legal principles embodied in Section 106 of the Evidence Act which reads as follows: `When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
37. The Section is not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt. But the Section would apply to cases where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding the existence of certain other facts, unless the accused by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive
the Court to draw a different inference.
38. Vivian Bose, J. has observed that Section 106 of the Evidence Act is designed to meet certain exceptional cases in which it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge of the accused. In Shambu Nath Mehta vs. The State of Ajmer, 1956 SCR 199, the learned Single Judge has stated the legal principle thus:
`This lays down the general rule that in a criminal case the burden of proof is on the prosecution and Section 106 is certainly not intended to relieve it of that duty. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult for the prosecution to establish facts which are especially within the knowledge of the accused and which he could prove without difficulty or
inconvenience. The word `especially stresses that, it means facts that are pre-eminently or exceptionally within his knowledge.
48. In the present case, as already discussed above, it is duly proved that the accused and deceased Zahina were seen together at about 7.00 or 8.00 p.m. on 14.3.2004. Accused was taking Zahina in his lap. Zahina was a child aged about 4 to 5 years old. Accused was seen luring her by giving her tomato. Thereafter neither Zahina nor accused were seen by anybody residing in the neighbouring huts and dead body of Zahina was recovered on the next morning with ligature marks alongwith some other abrasions and it was found that her death was homicidal. Hence it was for the accused to explain as to how a living body turned into a corpse. However, there is no explanation, whatsoever, on the part of the accused.
There is also no explanation on the part of the accused as to where he had left Zahina and as to when he left the place of his residence and as to how he reached Chandigarh from where he was arrested on the next day. It was also for him to explain as to how silver ornaments belonging to the deceased came in his possession, which were got recovered by him.
49. Hence, prosecution has been able to prove the aforementioned facts and circumstances, beyond any shadow of reasonable doubt, against the accused and the said circumstances taken together are found to be incompatible with the innocence of the accused or guilt of another person. Rather the conclusion drawn from such circumstances is only one which points towards guilt of the accused and none else. The circumstances taken cumulatively form a chain so complete that there is no scope from the conclusion that even on human probability, the crime was committed by the accused and none else. The circumstances are incapable of explanation of any other hypothesis than that of the guilt of the accused. The evidence is consistent with the guilt of the accused and inconsistent with his innocence.
50. In view of the above discussion, we are of the view that the prosecution has been able to prove beyond any shadow of reasonable doubt that the accused committed murder of Zahina, a child aged about 4 to 5 years old after attempting to commit rape upon her and thereafter removed silver ornaments being worn by her.
51. Hence, he was rightly convicted and sentenced by learned trial Court vide impugned judgment and order. There is no merit in the present appeal and the same is, hereby, dismissed.
(Ram Chand Gupta)
MAHARISHI MARKANDESHWAR UNIVERSITY MULANA AND OTHVsSTATE OF HARYANA AND ANOTHER CWP 8130 of 2009IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Order: 15.10.2009
Maharishi Markandeshwar University, Mulana and others
State of Haryana and another ....Respondents
HONBLE MR. JUSTICE M.M. KUMAR
HONBLE MR. JUSTICE JASWANT SINGH
Mr. Rajive Atma Ram, Senior Advocate, with
Mr. Nikhil Chopra, Advocate, for the petitioners.
Mr. Sunil Nehra, AAG, Haryana, for the respondents.
1. To be referred to the Reporter or not?
2. Whether the judgment should be reported in the Digest?
M.M. KUMAR, J.
This petition filed under Article 226 of the Constitution challenges
notification dated 29.4.2009 (P-2) issued by the respondent State of Haryana, constituting a High Powered Monitory Committee consisting of the Technical Education Minister as its Chairman along with the Financial Commissioner and Principal Secretary to Government Haryana, Education Department and the Director, Technical Education, Haryana as Members. The said Committee has been constituted with a view to monitor the activities of the Deemed University/institutions offering All India Technical Education Programmes (ATCTE) approved technical courses regarding admission related fee matters and CWP No.8130 of 2009 to seek report regarding anomalies, if any, in the aforesaid cases. The grievance of the petitioners, namely, Maharishi Markandeshwar University, Mulana, The Lingayas Institute of Management and Technology (Deemed University), Faridabad and The Manav Rachna International University, Faridabad, is that they are Deemed Universities as per the provisions of Sections 2 and 3 of the University Grants Commission Act, 1956 (for brevity, the UGC Act), and the monitoring by the above mentioned High Powered Monitory Committee would unnecessarily interfere in their day-to-day affairs. The petitioners have also asserted that the respondent State has no legislative power or competence to issue the impugned notification, which is also ultra vires of the UGC Act, and liable to be quashed.
At the hearing, Mr. Sunil Nehra, learned State counsel has placed on record a copy of letter dated 14.10.2009 sent by the Director, Technical Education, Haryana, which is taken on record as Mark A, stating that the competent authority has approved deletion of the words deemed universities from the notification dated 29.4.2009 and the formal notification is being issued.
Accordingly, the petitioners would not be subjected to any monitoring by the aforesaid Committee to which reference has been made in the notification dated 29.4.2009.
In view of the above, learned counsel for the petitioners made a
candid statement that he does not wish to press the instant petition. Accordingly, the instant petition is dismissed as not pressed.
Summary: Maharishi Markandeshwar University, Mullana Haryana website, mobile, contact address and approval / recognition details.