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Court acquits husband, sister-in-law in abetment to suicide case
Anjali Bhardwaj, Amrita Johri, Shekhar Singh9/14/2013 11:29:54 PM
EARLY TIMES REPORT
Jammu, Sept 14 : Principal Sessions Judge Jammu Kartar singh acquitted Bawa Ditta husband of deceased and Neelam Kumari sister-in-law (bhabi) of deceased in an abetment to suicide case after fourteen years trial and investigation.
According to the police on 5 November 1999, the police recorded the statement of the complainant Madan Lal, who stated that the deceased Santosh Kumari alias Pinki was his sister and was married to the accused in accordance with the Hindu rites and customs and two daughters were born out of the wedlock.
After marriage, the accused started harassing her for bringing lesser dowry.
Before the suicide about six months back, she again came to his house and stated that her husband was demanding Rs 25000 but he could not afford and sent her back to her matrimonial home. On 10.10.1999, his sister came to attend his marriage along with her husband and her husband demanded gas connection from him and he replied that he could not afford the same, as he had spent all the money on his marriage.
On 5.11.1999, he came to know that his sister had set herself ablaze and died in the hospital.
The Court observed that the evidence produced by the prosecution must be fair so as to exclude with certainty every reasonable doubt of the guilt of the accused.
"There is not even a single witness to the alleged occurrence nor any other witness to prove that the relations between the accused and the deceased were strained."
"The prosecution witnesses have only created suspicion in their statements regarding the commission of the offence but it is beaten point of law that suspicion by itself however, strong it may be, is not sufficient to take the place of proof and warrant a finding to guilt of the accused and held that held that the prosecution has miserably failed to prove its case against the accused by leading cogent and trustworthy evidence. The accused are, therefore, acquitted of the charges levelled against them," the judge ordered. (JNF)
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