news details |
|
|
| HC upheld judgment of TC, dismisses appeal filed by state | | | EARLY TIMES REPORT
Jammu, Apr 7: Death of a Woman in suspicious circumstances, police registered case against husband holding responsible for suicide of his wife, Third Additional Sessions Judge Jammu acquitted the Talib Hussain of charges of abetment to suicide his wife Kaneez Begum and State filed criminal acquittal appeal against the judgment of Trial Court.
Justice JP Singh of Jammu & Kashmir High Court after hearing AAG Gagan Basotra appearing for the state appellants whereas Advocate Vishal Sharma appeared for the respondent Talib Hussain, observed that considered submissions of counsel for the parties and gone through the records and the judgment of Trial Court.
The story of respondents beating his wife a day before her death as projected by the witnesses does not get support from the post-mortem examination of the deceased which does not indicate any type of injury on her body. In order to succeed prosecution for commission of offence u/s 306 RPC, the prosecution is required to prove instances, events, factors and like by evidence, be it circumstantial or otherwise to prove the ingredients of section 107 RPC to seek conviction u/s 306 RPC (abetment to suicide).
In approved for reporting judgment Justice JP Singh further observed that whole story of the prosecution had rather proceeded on the premises that as the respondent Talib Hussain was allegedly having illicit relationship with someone, so fed-up there with, the deceased had committed suicide. Such allegation in the opinion of the Court, would not attract the provisions of section 306 RPC. In the absence of any overt act, leading to proof of ingredients of section 107 RPC, the prosecution has not lead any evidence to prove respondent's illicit relationship with any other woman.
The conclusion reached at by the Trial Court in finding the respondent not guilty of offence punishable u/s 306 RPC (abetment to suicide) for lack of requisite admissible and legal evidence in the case cannot thus be faulted and dismissed the appeal filed by the state against acquittal of respondent. --JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
