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| Mother-in-law acquitted from charges of murdering daughter-in-law | | | EARLY TIMES REPORT
JAMMU, Nov: 19 (JNF):- Third Additional Sessions Judge Jammu Pawan Dev Kotwal acquitted Muni Devi wife Lt Munshi Ram and Kamli Devi wife of Des Raj residents of Rehal who were facing trial for committing the murder of Sushma Devi w/o Tilak Raj.
According to the prosecution case on March 24, 2002 ASI Kapoor Singh posted in Police Station Bishnah recorded statement of complainant Sushma Devi W/o Tilak Raj R/o Rehal, Domalian, Tehsil Bishnah in GMC Hospital, Jammu where she stated that she along with her husband reside separately and her mother-in-law Muni Devi and Kamli Devi sister-in-law (Jethani) who are animus against her since long, on that day at about 8 am when her husband had been out at labour work, both the ladies started abusing her and when she asked them not to do so, they with criminal intention caught hold of her and Muni (mother-in-law) poured kerosene oil on her clothes and her jethani ignited the match stick and set her ablaze; she cried on which few people came on spot who extinguished the fire and called her husband who brought her to hospital. On this statement police registered a case vides FIR NO. 23/2002 Police Station Bishnah for offences under sections 307/34 RPC and investigation was commenced. During investigation injured Sushma Devi succumbed to injuries on May 4, 2002 and on information received from chowkidar IO got the postmortem conducted and then the dead body was handed over to heirs for last rites and after completion of investigation police presented charge sheet against the accused persons for offence under section 302 RPC in the court of law.
The court after hearing APP for the State whereas Advocate BL Kalgotra for the accused and referred various judgments and gone through the statement of the witnesses observed that in the instant case we are left with the evidence of a sole eye witness and it therefore, becomes the duty of the court to critically scrutinize her evidence with a view to assure itself that the witness is stating the truth and that her evidence is so convincing and appears to be so natural and truthful that it is not necessary to look for other evidence to record a conviction. Viewed from this angle, it is established that in the First Information Report, a false statement had been made by prosecution witness as to the existence of motive. Court is of the considered view that there is neither consistent, creditworthy direct evidence against the accused which may inspire confidence of the court, nor the so called dying declaration is proved to be made and is true and voluntary disclosure of occurrence beyond every shadow of doubt to be relied upon for basing conviction against the accused. Non existence of motive is an additional circumstance casting serious doubts as to the prosecution case especially when considered along with infirmities in the investigation as noted above. Therefore, prosecution has failed to bring home guilt against the accused beyond all reasonable doubts and as such, challan is dismissed and consequently, the accused are acquitted of the offences under sections 302/34 RPC. JNF
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