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| Court acquits lady of murder charges | | | EARLY TIMES REPORT
JAMMU, Nov: 20 (JNF):- Third Additional Sessions Judge Jammu Pawan Dev Kotwal acquitted Asha Gandotra for the charges committed murder of one Shanti Saroop/o Sansar Chand R/o Rajpura, Magotrian.
According to the police case on October 27, 2008 P/S Janipur received information on telephone that Shanti Saroop is admitted in GMC because of consumption of some poisonous substance. One of police official was deputed to record the statement of said person who gone to GMC for recording the statement of said person but the medical officer told that he is not able to make statement; thereafter on next day telephonic information was received in Police Station that deceased Shantisaroop is conscious where-after one head constable went to GMC, Jammu and recorded the statement of deceased wherein he stated that he would love Asha Gandotra D/o Madan Lal Sharma R/o Patoli Chowk for last eight years and he has also solemnized marriage with her in the year 2002 but the documents are with the said lady; that he would reside with her at Patoli Chowk and he sold his plot for Rs. 8 lacs and gave the sale price to her and total amount of 15/20 lacs has been given to her; he also purchased a WagnoR vehicle for her and same is with her which was purchased by him for an amount of Rs. 2, 12,000/-. on October 27, 2008 at about 10.30 am when he was with said lady at Patoli Chowk residence she asked him to leave and thereafter he asked her to fetch water for him on which she closed all the doors of house and then mixed some poisonous substance in the water and gave him and when he took water, she left to the roof of the house and he felt giddiness; at the same time, one shopkeeper Dimple came from just opposite the house and on seeing his condition he brought him to Hospital ; that Asha Gandotra had unfair relations with one Subash Chander and has administered her some poisonous substance in water with intention to kill him. After completion the investigation the police presented challan in the Court of law.
The court after hearing both the sides referred the statement of said witness Rakesh Kumar who deposed that when the deceased was being taken to hospital in load carrier, he made a disclosure to him that he has fallen in love with the daughter of Asha Gandotra and wanted to marry her but Asha Gandotra and her husband did not agree, but, he is firm to marry her or decided to die on her gate. It is further observed that the statement of Rakesh Kumar seems to be exaggerated and improved version and appears to be conceived afterthought. If such disclosure was to be made by the deceased, he would not spare the chance which he got at the earliest moment. In the offence of murder, atleast to create environment compelling the accused to end his life, But, it is settled position of law that, suspicion howsoever strong may be, is no substitute to the proof beyond every shadow of doubt, which is cardinal principle of criminal jurisprudence to hold accused guilty of an offence. The prosecution evidences prosecution evidence is shaky or suffers from infirmities, the absence of evidence as to the motive becomes an additional circumstance to doubt the prosecution version. As per dying declaration, the accused solemnized court marriage with the deceased, but IO could not collect any document. Similarly, the consistent evidence led by both the parties is that the deceased made statements that, he has given a car to the deceased and also sale price of a plot and huge cash. But, IO frankly admitted that he did not investigated these facts more particularly, the vehicle and plot. Court is of the firm view, that these were the important circumstances required to be investigated by the police to corroborate the ‘dying declaration’ and motive for the alleged occurrence either homicide or suicide. The failure of IO to investigate these facts has obviously not only prejudiced the accused, but, also an obstacle in the way to uncover the truth. With these observations Court acquitted the accused.
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