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| HC acquits husband from charges of abetment to suicide | | | Early Times Reporter
Jammu | Sep 25
2nd Additional Sessions Judge Jammu AK Koul acquitted Mohd Hussain, husband of deceased Shamshad Bibi of Seri Panditan under the p/s Kanachak after 10 years of trial.
According to the prosecution story one of the brothers of deceased lodged a complaint with the police Kanachak on July 2, 1998 in which he stated that deceased, his sister, was married to accused eight years before the commission of offence. According to police report accused Mohd Hussain developed illicit relations with accused No 2 Mrs. Poli, a married woman of Seri Panditan, so both the accused assaulted the deceased physically on June 19, 1998, the accused beat the deceased severely, which led the deceased to consume poison for suicide. The case was registered against accused No 1 and 2 u/s 306/34 RPC and after completion of the investigation the challan was presented in the court of law in in September 1998.
2nd Additional Sessions Judge, after hearing both the sides and considered evidence and perusing the records submitted by the prosecution, observed that a person living at a distance of 8/9 KM has been arrayed as a witness who too does not say what he was required to say. That adds to the trouble of prosecution case and it would be fair to conclude that the evidence of witnesses other than official one is not worth reliance to the extent of holding the accused guilty. Now even if believed that the relation between accused Mohd Hussain and deceased Shamshad Bibi was not cordial still would it amount to abetment of suicide? Court spouse it would not because normal quarrels in the matrimonial life cannot quite often be found in between two spouses. Some thing more is required to be proved to show that deceased was left with no option but to commit suicide. The entire evidence if taken collectively is based on as per witnesses, the information given by the deceased to them, but who knows what the deceased conveyed to them and what they are deposing before the court. They should have been some cogent evidence and that too from an independent source to prove that deceased was really fed up with the cruel treatment perpetrated by accused and was so forced to commit suicide, but court regret to say that evidence is missing. So, it would not be proper to rely upon the testimony of the witnesses examined by the prosecution. In so far as the official witnesses are concerned, their testimony may not be helpful in proving the prosecution case because the other evidence is shaky and not worth reliance and referred a judgment of the Supreme Court and dismissed the challan and acquitted the accused. JNF
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