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| DB sets aside life imprisonment of husband of deceased | | | Early Times Report
JAMMU, Mar 23: A division bench of Jammu & Kashmir and Ladakh High Court has set-aside the life-imprisonment awarded to Kamlesh Kumar who happens to be husband of deceased.
The DB observed that having ringside appraisal of the facts and circumstances of the case and the quality and not the quantity of the evidence on record, it is of the considered view that the prosecution has miserably failed to prove the circumstances by leading evidence beyond any reasonable doubt. The DB observed that it did not find it as a case where prosecution has proved and established the circumstances firmly and conclusively by leading evidence beyond any reasonable doubt, which form a chain complete in itself, leading to a hypothesis which is inconsistent with the innocence of the appellant.
The DB observed the deceased was seen going to the forest with her goat merrily; the conduct of the appellant rushing to his in-laws house instead of making search of his wife, who had not returned home till evening; the failure of the appellant to lead evidence to prove that at the time of commission of crime he was present at a place other than the scene of occurrence, would all pale into insignificance.
Firstly there is no concrete evidence in this regard and; secondly it is for the prosecution which brings out charge against accused to prove its case beyond reasonable doubt, if not, beyond any iota of doubt. The onus to prove the case put up by the prosecution against the accused lies solely on the prosecution, except in the cases where statute provide reverse burden. In the instant case there was no reverse burden on the accused and, therefore, it was not necessary for him to prove that at the time of occurrence he was at a place other than the place of occurrence or in other words plead and prove the plea of alibi more so when the prosecution had not been able to establish even the foundation facts.
On May 19, 2014, the Police Station, Pancheri received an information through reliable sources that dead body of a lady, namely, Sushma Devi wife of the appellant resident of village Katti Teshil and District Udhampur, aged about 19/20 years has been hanging with a root of kail tree with a noose of dupatta around her neck at Khalia Dabbar jungle, Katti. The reason of death of the lady was not known. Since the death of Sushma Devi was found to have taken place under suspicious circumstances, as such, the SHO Police Station, Pancheri, initiated proceedings under Section 174 Cr.P.C.
The Investigating Officer found that offence punishable under Section 498-A RPC was, prima facie, made out against the appellant. Accordingly, a docket was sent to the Police Station for registration of the FIR, pursuant to which, FIR No.17/2014 under Section 498-A/306 RPC was registered at Police Station, Pancheri. After completion of investigation challan was presented and court awarded life-imprisonment. Against the life-imprisonment, present appeal was filed.
The DB after hearing both the sides allowed the appeal and ordered that the judgment of conviction and also the order of sentence impugned in this appeal is set aside and the appellant is acquitted of all the charges. He shall be set at liberty forthwith, if not wanted in any other case. |
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