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| DB allows appeal, acquits accused sentenced to life imprisonment | | | Early Times Reporter
Jammu | Nov 12
A Division Bench of J&K High Court Jammu Wing, comprising Acting Chief Justice Aftab Alam (now Judge of Supreme Court) and Justice Virender Singh, in a criminal appeal filed against the judgment of Additional Sessions Judge Reasi whereby the Court awarded life-imprisonment to all the three accused including the wife of the deceased to undergo life imprisonment, has allowed the appeal, acquitted all the three accused and observed that the prosecution has failed to establish charges against the accused,
The judgment written by ACJ Aftab Alam (now Judge of Supreme Court) for the Division Bench allowed the appeal and acquitted Parkasho Devi w/o deceased Lal Chand, Abdul Gafoor and Mohd Rustum with the observations that Additional Advocate General Mr. SC Gupta appearing for the state, strongly submitted that at the time of death of Lal Chand, only person in the house was Parkasho Devi and she, therefore, owed an explanation regarding the cause of his death. Any evasive or unsatisfactory replies by her would only indicate her guilt and the Court is unable to accept the submissions. Though the circumstances gives rise to a strong suspicion in the view of the Court, the facts and circumstances of the case it would not be sufficient to sustain the charges u/s 302/120-B RPC. She may know the actual culprits and she may be trying to shield them but that would not be the same thing as being herself a conspirator in murder. On the basis of the evidences on record the charges against the other two accused are completely unsustainable. That being the situation, it would be difficult to sustain the charge of conspiracy against Parkasho Devi alone.
After hearing Sr. Adv MA Goni appearing for the appellant/accused, the DB further observed that on a careful consideration on the materials on record and the submissions advanced on behalf of the two sides, the DB is of the view that though the evidences may give rise to suspicion against the accused those are completely insufficient to bring home the very grave charges U/Ss 302/120-B/34 of the RPC. In the facts and circumstances of the case the appellants appear to be entitled to the benefit of a reasonable doubt and the prosecution has been unsuccessful in establishing the charges against the appellants and they are acquitted.
According to the prosecution case on April 21, 1991 Parkasho Devi raised alarm that her husband Lal Chand was dead. On her alarm, her village chowkidar, numberdar and other people came there after she failed to give any satisfactory reply, they referred the matter to the police. The police after investigation of the case alleged that Abdul Gafoor was her paramour and Mohd Rustum described by some of the witnesses her other paramour and they have committed the murder of the Lal Chand. After 17 years, the DB acquitted the accused from the charges of murder. JNF |
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