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| Husband, in-laws get court relief | | Dowry death case | | EARLY TIMES REPORT
JAMMU, Nov 4: Justice JP Singh of J&K High Court Jammu Wing today set-aside the sentence awarded by 1st Additional Sessions Judge Jammu u/s 498-A and 306 RPC passed on November 28, 2002 whereby trial court convicted and sentenced the husband, father-in-law and mother-in-law of the deceased to undergo three year’s imprisonment and fine Rs 10,000 u/s 306 RPC and imprisonment for one year and fine Rs 10,000 u/s 498-A, which was challenged by the convicts.
In the approved for reporting judgment Justice Singh, after hearing Adv VR Wazir appearing for the appellants and AAG SC Gupta appearing for the State, and referred various judgments of the Supreme Court of India observed that in the absence of admissible and reliable evidence on record in proof of the prosecution story, the finding of 1st Additional Sessions Judge that he was satisfied from the evidence produced by the prosecution that the appellants/accused had been intermittently maltreating the deceased demanding more dowry and they had compelled the deceased to commit suicide cannot be justified. The judgment and order of learned 1st Additional Sessions Judge, Jammu dated November 28, 2002 convicting the appellants' husband, father-in-law and mother-in-law U/Ss 306/498-A RPC and sentencing them to imprisonment four years with Rs.20, 000 as fine is, accordingly, set aside. With these observations Court allowed the appeal and dismissed the challan.
The deceased Garu Devi in his dying declaration, recorded in the hospital by the Investigating Officer on July 8, 1998, had stated that she was married to Baldev Raj about 6 years ago and had given birth to one female child and a male child who was 8/9 months of age at that time and the right from the beginning her husband and parents-in-law had been quarrelling with her and would accuse her of having brought fewer dowries. She had not, however, told anyone about all this in her parental house. She had been beaten by her husband and father-in-law in the evening and fed up with the daily quarrels in the family she had put herself on fire by sprinkling Kerosene at about10.30 P.M on July 08, 1998. While extinguishing the fire, her husband too had burnt his hands and her father-in-law had also got burns when she had struck against the Cot where he was sleeping. She had been brought to the Hospital for treatment by her husband and parents-in-law. |
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