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| Trial Court awards lifer, DB acquits husband accused of killing wife | | | Early Times Report
JAMMU, July 12 (JNF) : A Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice JP Singh and Justice Muzaffar Hussain Attar set-aside the judgment of Trial Court Kathua whereby the Trial Court on April 16, 2009 awarded rigorous life-imprisonment to Vijay Kumar u/s 302 for committing murder of his wife Pinki Devi @ Balbi.
Division Bench comprising Justice JP Singh and Justice Muzaffar Hussain Attar after hearing Adv Anil Khajuria for the appellant and ZS Wattali for the state observed that the prosecution has failed to prove any Charge against the appellant and the Sessions Judge has erred in holding him guilty of the offences punishable under Sections 302/498-A RPC.
While setting-aside the judgment, Division Bench further observed that According to the case of the prosecution, the relations between the appellant and the deceased were cordial for one year whereafter the appellant had started beating her. He would taunt her for bringing less dowry and had declared that he would not permit her to stay at his place. It is, however, not the case of the prosecution that the appellant would coerce the deceased to meet any unlawful demand. Although the Charge against the appellant may not strictly speaking fall within the definition of Cruelty appearing in Section 498-A(b) RPC, in the absence of any allegation that the appellant would coerce the deceased to meet any unlawful demand for any property, yet it appears from the case set up by the prosecution that the Charge is otherwise vague, for, neither the date(s), the month, or the year in which the appellant had coerced the deceased to satisfy any unlawful demand of the appellant, are forthcoming either from the prosecution story or from the evidence produced by it. This apart, the evidence of the parents of the deceased does not support the Charge, in that, they are categoric in saying that the appellant had never made any demand for any property. According to the mother of the deceased, the deceased would remain depressed because of the poor financial condition of the appellant, which is stated to have further worsened about six months prior to the occurrence when the appellant's employment in the Territorial Army had ceased. The neighbours of the deceased, who were produced by the prosecution to support the Charge of Cruelty against the appellant, who were first to reach on spot, have, however, a different story to tell. According to them, the appellant and the deceased were living happily before the occurrence and according to some of them, the deceased had admitted to have committed mistake. |
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