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Prosecution failure leads to acquittal of wife in husband's murder case
3/29/2018 10:02:21 PM
Early Times Report
Jammu, Mar 29: Principal Sessions Judge Reasi S R Gandhi acquitted Reeta Wd/o Parshotam Kumar who was facing trial in murder case of her husband as prosecution failed to prove its case.
According to the police case the marriage of the accused with one Parshotam Kumar was solemnized 10/11 yrs age and out of this wedlock two children were born. The husband of the accused died in an accident. Thereafter, accused developed illicit relation with her brother-in- law deceased and from this relation a son was born. However, they did not solemnize the marriage. The deceased under the promise of marriage used to extract money from the accused for drinking. This led to the enmity on the part of accused and ultimately on 27.04.2013 the deceased as usual came drunk in the house and the accused with a weapon inflicted its blows on the deceased and killed him.
The dead body was put in a gunny bag and thrown in a Nallah near the house. After the conclusion of investigation a Challan for the commission of offences under Section 302/201 RPC was presented in the court of ld. Chief Judicial Magistrate Reasi. The case being exclusively triable by the court of Sessions was committed to this court vide order dated 2.7.2013.
Principal Sessions Judge Reasi S R Gandhi after hearing both the sides observed that the motive to commit the crime is also not proved by the prosecution and court is also of the considered opinion that the prosecution has suppressed the genesis of the case. The incident does not appear to have happened in the manner in which the prosecution wants the court to believe it had happened. For the aforesaid reasons prosecution has failed to prove the charges against accused beyond all reasonable doubt. A doubt lurks in mind of the court. Accordingly the Challan is dismissed. Accused is acquitted of the charges under Section 302/201 RPC.
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