Justice M A Chowdhary, Jammu & Kashmir and Ladakh High Court
No Complaint Lodged About Any Torture: Jammu & Kashmir & Ladakh High Court Upholds Acquittal Of Man Accused Of Abetting Wife’s Suicide
|The Jammu & Kashmir & Ladakh High Court was considering a Criminal Acquittal Appeal filed by the appellant-State challenging the judgment acquitting the husband.
The Jammu and Kashmir and Ladakh High Court has upheld the acquittal of a man accused of allegedly causing his wife’s suicide after noting that the deceased and the accused were married for about thirty years and no complaint was lodged during those long years about any torture.
The High Court was considering a Criminal Acquittal Appeal filed by the appellant-State challenging the judgment of the Principal District & Sessions Judge, Ramban (Trial Court) whereby the respondent had been acquitted despite commission of an offence punishable under section 306 RPC.
The Single Bench of Justice M A Chowdhary said, “It was clear from the statements of the prosecution witnesses that the deceased and the accused were married for about thirty years and even after the second marriage, the deceased had been living with the accused and the second wife for last 12 years and there being no complaint lodged in those long years with regard to any torture etc. by the respondent-accused.”
Government Advocate Eishaan Dadhichi represented the Petitioner, while Advocate Jagpaul Singh represented the Respondent.
Factual Background
The complaint was filed by a man alleging that his daughter, who had been married to the respondent-accused for about thirty years, was subjected to cruelty. It was alleged that as a result of continuous beating, she had committed suicide in 2009 by jumping into the river Chenab from the Gugwal Bridge. Her dead body was later found after three months at Dayangarh, Reasi.
The Trial Court, on conclusion of the trial, dismissed the charge-sheet and acquitted the respondent-accused vide the impugned judgment. Aggrieved thereby, the appellant-State approached the High Court.
Reasoning
The Bench noted that the father and brother of the deceased, who were cited as witnesses, were found by the trial court as hearsay witnesses as their depositions were based on hypothesis. The Bench found from the statements of the prosecution witnesses that the deceased and the accused were married for about thirty years and even after the second marriage, the deceased had been living with the accused and the second wife for last 12 years and there was no complaint lodged in those long years regarding any torture etc. by the respondent-accused.
The Bench also noticed that there was no incriminating statement made by any of the witnesses that the deceased was instigated to commit suicide due to continuous harassment and torture by the respondent. “Thus, the trial court in a very lucid and reasoned judgment recorded acquittal of the respondent, for want of sufficient evidence”, it said.
Finding no ground for interference, the Bench thus dismissed the appeal.
Cause Title: State of J&K through SHO Police Station, Ramban v. Ishtiyaq Ali, S/O Mukhtiyar Ali R/O Chanderkot, District Ramban (Case No.: CRAA No. 155/2014)
Appearance:
Petitioner: Government Advocate Eishaan Dadhichi
Respondent: Advocate Jagpaul Singh