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| HC sets-aside judgment, acquits appellant | | Appellant sentenced in abetment to suicide | | Early Times Reporter
Jammu | Dec 5
JUSTICE JP Singh of J&K High Court, Jammu Wing, in an appeal filed by Gopal Dass, who was sentenced to five years RI and fine for harassing and forcing her wife to commit suicide after about two years of her marriage, has set-aside the sentence awarded by the Sessions Judge, Udhampur on January 31, 2001.
In the approved for reporting 22- page judgment, Justice Singh, after hearing Adv Sunil Sethi appearing for the appellant and Deputy AG AS Dogra appearing for the State, observed that the findings of Sessions Judge that the prosecution had sufficiently established that the death of deceased had taken place only after two years of her marriage and there is evidence on record to support the contention of the prosecution that the deceased was subjected to maltreatment and cruelty not only by her husband but also by other inhabitants of the house and because of this the deceased had no other alternative but to commit suicide despite the fact that she was carrying a female fetus of 20 weeks in her womb, cannot in view of the above discussion and legal position on the subject be sustained both on facts and in law. While examining the accused, the evidence of prosecution witness Romesh Chander and post-mortem report has not been put to the appellant for his explanation, report of Dr. Jagjit Singh, Assistant Director Forensic Science Laboratory Srinagar too does not appear to have been tendered in evidence. This report too has not been put to the appellant for his explanation. The net result of this omission is that the prosecution can’t be said to have proved as to what was the case of Sushma's death. The only evidence which could have proved suicidal death of Sushma because of her consuming and Organo Phosphorus Insecticide having not been proved and put to the appellants for his explanation, causes another fatal below to the prosecution case. Court does not find the prosecution to have succeeded in proving any case against the appellant which may warrant his conviction and set-aside the judgment passed by Sessions Judge, Udhampur, whereby the Sessions Judge convicted the appellant Gopal Dass to five years RI and fine of Rs 1000 u/s 306 RPC and one year RI and fine of Rs. 500 u/s 498-A RPC which was challenged by the accused in a criminal appeal.
According to the prosecution case that after 10-15 days of the marriage, the relations between Gopal Dass ,the husband and Sushma, wife became strained when the Gopal Dass started demanding dowry. The appellant is stated to have treated his wife cruelty when the parents of the deceased could not satisfy his demand to pay him money for starting business. He started accusing his wife of infidelity. Fed-up with the daily quarrels, Sushma is stated to have consumed a poisonous drug to commit suicide on May 17, 1998. JNF |
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