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| Court acquits accused, dismisses challan | | |
EARLY TIMES REPORT
JAMMU, Jun 1: Second Addl Sessions Judge, Vinod Chattarji Koul dismissed challan and acquitted accused of charge framed against him. His verdict based upon witnesses and their statements, stated that it is clear that no evidence has been brought on record to prove the charge against accused, deceased committed suicide because of ill treatment and assault by accused and because of persistent assault and ill treatment by accused on deceased, deceased committed suicide, but evidence which has been produced on record is not that she committed suicide. Statement of PW Sushma Devi is contrary to the charge.
She has stated that deceased and accused were in their room and when accused came out of the room told her that he was killed his wife and she found her lying on the ground.
This is not the case of prosecution. It appears that she has tried to improve and put forth a different story which is not the prosecution case.
PW Jagan Nath has stated that accused used to assault his wife. That their relations remain cordial for 10 years, but he has not given any such statement as to when accused assaulted her and reasons for assaulting the deceased by accused. No circumstances has been given by this witness to support his contention that accused used to assault his wife.
Had the accused been assaulting his wife there would have been some reason about which father of deceased would have supported no reason has been spelled to support the contention of assault by accused to deceased.
To prove the charge against the accused u/s 306 RPC, cogent and sufficient evidence is required to be produced by prosecution on the basis of which conviction can be recorded. Vague statement cannot be substituted for proof of charge, to support the prosecution case and in this case except the vague assertion there is no proof against the accused established by prosecution. Therefore challan is dismissed and accused acquitted.
S C Subash advocate for accused described case details earlier as that on 16.4.06 at about 4pm PW-3 Rattan Lal made a written report to the police that his sister Shanti Devi aged about 50 years, who was married in RS Pura, was admitted in GMC Jammu in unconscious state and while being in such state of mind she died on 16-4-06 and he suspected foul play in cause of death and on this report proceedings 174 crpc were initiated and investigation was conducted, during the course of investigation while recording statement of witnesses it was found by the I.O that accused used to subject her to cruelty and used to physically assaulted her and due to the persistent ill treatment and assault she committed suicide by touching live electric wire, which immediately lead to her death.
After completing the investigation, challan was presented before court of law and same was transferred to this court by Pr. Sessions Judge, Jammu. Charge was framed on 3.8.06 for offence punishable u/s 306 RPC.
Prosecution produced PWs Sushma Devi, Jagan Nath, Joginder Pal, Chaman Lal, Bishan Dass and Varinder Kumar. Prosecution has to prove that accused used to ill treat and physically assault the deceased and due to ill treatment and assault she committed suicide by touching live electric wire, which he could not established due to non availability of solid proof.
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