JAMMU, July 1: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem has set-aside life-imprisonment of one Maan Chand, who was convicted by the trial court for murdering his wife Kanta Devi on suspicion that she had developed extra-marital relations.
After hearing, the DB observed that in view of the contradictions, improbabilities, discrepancies, conflicting opinion of the experts etc, the justification of the trial court that the testimony of prosecution witness Des Raj is of sterling nature do not inspire confidence, as it loses sheen and withers away and is overshadowed by doubt and consequently, also renders the prosecution case unworthy of reliance.
The DB observed that the prosecution story is not free from reasonable doubt, in that event, as per the settled proposition of law the benefit of doubt belonged to the accused, which should have been granted by the trial court, so we are unable to concur with the findings of the trial court, particularly when on every point under consideration we have noted deficiencies and flaws, which are staring at the heavy burden cast on the prosecution to prove the guilt beyond all shadow of doubt so as to rebut the presumption of innocence, which is a cornerstone of criminal jurisprudence, therefore, accused cannot be sent behind the bars by curtailing his liberty on the basis of such fragile prosecution evidence.
While giving benefit of doubt, Division Bench allowed the appeal and set aside the judgment of the trial court dated 17.12.2015 passed by the Principal Sessions Judge, Udhampur, whereby the accused has been convicted for commission of offence under Section 302 RPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs 6,000 for committing murder of his wife, namely, Kanta Devi.
DB further acquitted the appellant of the charge.
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