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| Husband acquitted of cruelty charges | | | EARLY TIMES REPORT
JAMMU, Oct 8: Additional Sessions Judge Jammu MA Choudhary has acquitted Rajesh Kumar alias Pappu resident of Prem Nagar, Jammu, who was facing trial in a case of abetment to suicide and cruelty from 1999 as the prosecution has miserably failed to bring home charges against the accused for want of substantial evidence.
Additional Sessions Judge, after hearing APP for the state and Adv ML Gupta for the accused, observed that the evidence led by the prosecution has to be appreciated in the light of settled principles of law. The prosecution has not been able to prove guilt of accused as none of the prosecution witness, including those, who are close relations as mother and brother, did not depose any thing regarding cruelty to the deceased and the dying declaration have not been recorded by any magistrate or in his presence even the deceased had survived for a period of 12 days casts doubt on the genuineness and it cannot be said that the same was free from any kind of influence. In the present case the evidence led by the prosecution has not connected the accused with commission of offence and the dying declaration also cannot be relied upon to the base conviction. Court held that the prosecution has miserably failed to bring home the charge against the accused for want of substantial evidence. The accused is acquitted of the charges u/s306/498-A RPC.
According to the police case one Lakshmi Devi alias Ayodhya Devi wife of Rakesh Kumar alias Pappu resident of Prem Nagar Jammu on February 19, 1999 attempted to commit suicide by setting herself ablaze, after pouring kerosene oil over her. Later on in the hospital she made a statement on February 20, 1999 in presence of doctor on duty and her brother detailing the facts as to how and why she had taken this extreme step. She stated that on being abetted for committing suicide due to cruelty being meted out to her continuously after some time of their marriage by her husband, she had tried to end her life. On this report police post residency road registered a case u/s 498-A. On March 3, 1999 Lakshmi Devi succumbed to her injuries, the police changed the charge and registered a case u/s 498-A/306 RPC against Rajesh Kumar alias Pappu for his having abetted to commit suicide by his wife Lakshmi Devi. |
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