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Govt case filed against acquital dismissed


Cinosural International An Elementry School Jammu

Srinagar, Feb 19: In CRAA No.32/2013 titled State of J&K Vs. Mohammad Maqbool Dar & ors. Hon’ble Mr Justice Mohammad Yaqoob Mir, Judge sfter haearing both sides ordered as:- 
1. This appeal is directed against the judgment dated 13.05.2013 passed by learned Sessions Judge, Ganderbal, in terms whereof respondents (accused) have been acquitted. 
2. Daughter of the complainant was married to respondent No.2- Ashiq Dar alias Parvaiz. From the wedlock two children are born. Marriage subsisted for four years but unfortunately terminated with the death of Mst. Haneefa (deceased). The deceased allegedly committed suicide. The suicidal death was taken to have been instigated by the respondents (accused) as allegedly they were demanding dowry. The complainant-father of the deceased lodged report based on which case was registered as FIR No.97/2006 P/S Ganderbal for commission of  offences punishable under Section 306, 498-A RPC. Registration of the case culminated in filing of charge sheet to the effect that the accused during investigation were established to have committed the said offences. The case was committed to the Court of learned Sessions Judge, Ganderbal. Charge was framed against the accused for commission of said offences. The accused pleaded not guilty, as such, claimed to be tried. 
20. Suicidal death is established but it is not proved by any of the prosecution witnesses as to why the deceased had committed the suicide. The prosecution witnesses, more particularly father, mother, brother and cousin of the deceased projected a theory that the accused were demanding dowry. They are the related and partisan witnesses. Their testimony has to be scrutinized with great deal of care, more so when it is an admitted fact that the deceased had contracted marriage with the accused No.2 against their wishes. So the element of anger amongst them was totally there, as is inferable when the father and mother lost their daughter. 
21. The deceased and accused No.2 were living together for a long period of four years and two children were born from the wedlock, but the parents of the deceased and even brother, PW-3, had no contact with the deceased, how could they say that she was being harassed. In case deceased would have been harassed or tortured, at least she would have fled away from the house of the accused. 
22. The defence version assumes importance as according to the defence with accused and the deceased were living in a tin shed separate from their family members. They have not stated anywhere that deceased and the accused had any type of acrimonious relationship. 
23. There is no reliable evidence which would suggest that the deceased was tortured or that dowry was demanded from her. The guilt against the accused has not been proved, therefore, trial court has rightly acquitted the respondents (accused). 
24. Viewed thus, appeal is found to be without merit, as such, dismissed. 
 
 

 

 


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