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| DB dismisses State’s appeal in murder case | | | Jammu | March 20
Division Bench of J&K High Court Jammu Wing, comprising Justice Nirmal Singh and Justice JP Singh, in an appeal filed by State seeking setting-aside the judgment of 1st Additional Sessions Judge of February 28 last, acquitting respondents for committing murder of wife, observed that minor daughter of deceased was not mature enough to make statement before the Trial Court was unjustified and does not find any merit in the submission of Additional Advocate General that the Trial Court erred in holding Kuljinder Kour as incompetent witness.
According to the case Milkiat Singh accused after beating his wife Paramjeet Kour strangulated her with a rope. Mehar Singh brother of the deceased lodged FIR in P/S Akhnoor, the police after completion of the investigation presented challan in the court, the Trial Court framed charged u/s 302/201 of RPC; the prosecution examined 14 witnesses in support of its case. The accused examined three witnesses in defence. Kuljinder Kour the only eye-witness projected by the investigating agency was not found mature enough by the Trial Court to satisfy the test of a competent witness, in absence of any other evidence proving the involvement of the accused in the commission of offence, acquitted accused.
DB further observed that state counsel submitted that Trial Court had erred in not recording the statement of Kuljinder Kour and convicting the accused when motive stood proved from the other prosecution evidence. DB considered the submission of the state counsel as also the questions which were put to six year old Kuljinder Kour, the minor daughter of the deceased. This minor, in answer to one of the court questions did not even know as to what had happened to her deceased mother, her silence to reply material questions put to her by the Trial Court goes a long way to demonstrate that she was not matured enough to be a competent witness. DB did not find any merit in the other submissions of state.
Division Bench referred the statement of real sister of the deceased Darshan Kour, who in her statement had negative the prosecution story that the husband of deceased had been maltreating his wife. This witness goes to extent of saying that Malkit Singh had constructed a big house and was running a poultry farm, besides remaining busy in the sale and purchase of animals and had good amount of money. She did not support the prosecution that the deceased had been maltreated by the accused and the accused had been raising demand for dowry. DB said that after carefully going through the judgment of 1st Additional Sessions Judge Jammu; observed that it didn’t find any illegality in the view taken by the Trial Court in acquitting the accused/respondents. The view taken by the Trial Judge was only view which could have been taken in the case in view of the nature of evidence which the prosecution had led in the case. With these observations, the DB dismissed appeal filed by the state.
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