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| Husband acquitted for murder charges of wife | | | Early Times Report
Jammu, Dec 26- Acquitting Kamal Kumar alias Kalu of village Akalpur, who was facing trial for allegedly committing murder of his wife Rani Devi on March 312, 2003, Principal Sessions Judge Jammu BL Bhat, while hearing both the sides and going through the case, observed that no dying declaration was made by the deceased.
In the wake of evidence adduced by prosecution to the effect that the couple was married for more than a decade ago and two children born out of the wed lock, no inference of guilt can be drawn against the accused merely because the deceased sustained fatal injuries while living with the accused, the Court observed. The accused has pleaded that on the day of occurrence, he was working in the field of Ghar Singh where he was informed of the occurrence and he rushed to his house and removed his wife to hospital. He has not adduced any evidence in Defence. Ghar Singh has denied knowledge about the occurrence and has been declared hostile by the prosecution but he stated that the accused was innocent though he did not know as to how the deceased had died. It is true that Ghar Singh has not come up with the version as pleaded by the accused, but it appears from his testimony that he claimed to be absent on the day of occurrence. The accused could not have examined him in Defence as he had already been examined by the prosecution at the trial. Therefore, it would inappropriate to draw adverse inference against the accused for examining Ghar Singh in Defence. The presumption of innocence available to accused has to be rebutted by prosecution by cogent, reliable and convincing proof. Infirmities in case of Defence can hardly be relied upon by prosecution unless there is substantive evidence to raise inference of guilt against the accused. With these observations Court dismissed the case for lack of substantive proof and acquitted the accused from the charges framed against him.
According to the prosecution case on March 31, 2003 Police Station Domana received source information that accused Kamal Kumar son of Rakha Ram of Akalpur had caused serious injuries to his wife Rani Devi with a Toka with the intention of causing her death and the injured was admitted in the GMC Jammu. The Investigation Officer rushed to GMC Hospital and approached the Medical Officer for recording the statement of injured, who was undergoing surgery in the operation theater. However, the injured succumbed to her injuries during surgical operation. The case was registered u/s 302. During the investigation the material assembled revealed that the accused put up a demand of Rs 20,000 before his in-laws through his wife, the deceased. Since the demand was not met, the accused assaulted the deceased with a Toka for committing her murder. After the completion of the investigation challan was presented in the Court. JNF |
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