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| DB upholds acquittal of Major | | |  Early Times Report
Jammu, Feb 10: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Rajnesh Oswal and Justice Rajesh Sekhri upheld the acquittal by the Trial Court of Major Viveki Rai who was allegedly involved in murder of his wife.
According to facts of the case was that that Commanding Officer, Aman Singh submitted an application (EXPW-AS) dated 06.11.2003 with the SHO, Police Station, Samba with request to register an FIR and in the application it was stated that Sarita Rai, wife of the respondent expired at 14.45 hours on 06.11.2003 due to gunshot wound at the quarter of the respondent situated at Samba. It was further stated in the application that body of the deceased was shifted to 171 Military Hospital at 15.10 hours by the respondent in his own vehicle and body was lying in the hospital. On receipt of this application, the inquest proceedings in terms of Section 174 Cr. P.C. were initiated. One carbine, two magazines with 37 rounds of 9 mm, 3 empty shells and the bolt were seized. FSL team was deputed, and fingerprints were lifted from the carbine by the team. The post-mortem of the deceased was conducted. The inquest proceedings resulted in the registration of FIR No. 186/2003 under Section 302 RPC on 19.11.2003. The statements of the witnesses were recorded and after conclusion of the investigation, charge-sheet was laid before the court of learned JMIC (Sub-Judge), Samba on 30.12.2003 against the respondent for commission of offences under Section 302 RPC and Section 30 Arms Act. The charge-sheet was committed to the court of learned Sessions Judge, Jammu, as the Army Authorities decided not to hold trial of the respondent. Vide order dated 19.02.2004, the learned Principal Sessions Judge, Jammu transferred the charge-sheet to the learned trial court. The respondent was charged for commission of offences under Section 302 RPC and 30 Arms Act vide order dated 1.09.2004 and the prosecution was directed to lead evidence. All the 18 witnesses cited by the prosecution were examined. The respondent also examined three witnesses, namely, Dr. Rohit Koul, Dr. Bhupesh Khajuria and DW Col. V. N. Rai (Father of the respondent). After hearing the parties, the learned trial court acquitted the respondent.
Division Bench comprising Justice Rajnesh Oswal and Justice Rajesh Sekhri after hearing both the sides observed that There are un-explained gaps in the prosecution case and the chain of circumstances is not complete in such a manner, that only one conclusion in respect of the guilt of the accused-respondent can be drawn and the ineluctable conclusion is that the prosecution has not been able to prove its case beyond reasonable doubt and the opinion formed by the trial court cannot be held as perverse or impossible, warranting any interference by this court. Accordingly, this appeal is dismissed, being devoid of any merit. (JNF) |
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