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| Court acquits dowry death accused | | | EARLY TIMES REPORT
Jammu, June-01 (JNF):- Second Additional Sessions Judge Jammu Vinod Chatterji Koul has acquitted Bimlamati w/o Dewan Chand r/o Jassore, Tehsil R.S. Pura, who was facing trial for allegedly burning her daughter-in-law for bringing less dowry.
According to the police case the deceased Ritu Devi married to the son of accused about two years prior to the occurrence, she was having cordial relations with her husband and was blessed with a son. On March 11, 2004 at around 12:30 PM when deceased went to kitchen to prepare food for lunch, when she was about to lit the stove, there was already kerosene on the floor. Her mother-in-law was standing outside the kitchen and when she lit the fire of the stove at the same time her mother-in-law also lit kerosene oil lying on the floor and said that your game is over today. Because of this, she caught fire and all her cloth caught fire immediately.
The Court after hearing both the sides observed that deceased suffered burn injuries on March 11, 2004, she was unconscious on that date has reported by the doctor and was not fit to make the statement. She was shifted to Ludhina, where it is said that she made statement on March 16, 2004 before police which is said to be dying declaration and it is said that same was made by the deceased. Court raised questions that who examined deceased before such statement, who found her fit to make her such statement, who certified her to be fit for making such statement, is not known and the claim of prosecution that she made such statement, becomes doubtful in view of the circumstances of the case and circumstances mentioned and referred the judgment of the Supreme Court regarding dying declaration and said that Court is of the opinion that prosecution has filed to prove the charge against the accused beyond any reasonable doubt on the basis of evidence adduced, accused cannot be convicted. The case solely rest upon dying declaration alleged to have been made by the deceased immediately before death but the circumstances has indicated make the making of such dying declaration doubtful, as such, Court held that the prosecution has failed to prove the charge against the accused beyond any reasonable doubt. The challan is dismissed and accused is acquitted from the charges leveled against her.
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