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| DB dismisses appeal challenging acquittal of wife 'Murder of husband' | | |
EARLY TIMES REPORT
JAMMU, Mar10 : A Division Bench of State High Court, Jammu Wing in a criminal acquittal appeal filed by the state against the judgment passed by Additional Sessions Judge Rajouri on October 6, 2009 whereby Kamla Devi wife of late Dharam Pal stands acquitted of the charge section 302 RPC, dismissed summarily at the motion stage.
The deceased in this appeal is the husband of the accused. The case of the prosecution is that the accused herself made extra-judicial confession before one Sansar Chand and Ranjit Kumar her own son-in-law confessing that she had murdered her husband and disposed of his body. On these allegations case was registered at the instance of Sansar Chand with the police. Accused Kamla Devi was consequently charged for offence under section 302 RPC.
Division Bench after hearing AAG AH Qazi appearing for the state, observed that not only the star witnesses of the prosecution have not supported the case of prosecution, even other witnesses were also declared hostile and therefore, the disclosure statement and the recovery allegedly, made pursuant to it, false on the ground, the trial Court while taking into accounts all these factors returned a categoric finding that the prosecution has not been able to bring home the guilt of the accused.
Division Bench comprising Justice Virender Singh and Justice Sunil Hali of J&K High Court while dismissing the appeal filed by the state observed that scope of inference by this Court in the judgment of acquittal is very limited.
No doubt, in an appeal against acquittal, Court can review entire evidence but would interfere only if there are compelling and substantial reasons. In the present case, Division Bench do not even feel the necessity of perusing the trial Court record as A H Qazi AAG has not been able to show that impugned judgment is unreasonable on any ground or any relevant and convincing material has been unjustifiably eliminated in the process of the appreciating the case of the prosecution.
Rescanning the present case from that settled legal angle in view of Division Bench, the present appeal deserves to be dismissed summarily at the motion stage itself under section 421 of code of criminal procedure and ordered accordingly. JNF
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