Excelsior Correspondent
JAMMU, July 31: Additional Sessions Judge Jammu Tahir Khurshid Raina has acquitted three accused in 11 years old abetment to suicide case of a woman.
The case against the accused persons was registered at Police Station Akhnoor under Section 306 and 498 A RPC in the year 2009. The deceased Sunita Devi, wife of Kuljinder Singh had consumed poison and later she died in the hospital. During the course of investigation, it came to the fore that she had committed suicide following harassment at the hands of in-laws.
During the course of trial, father-in-law of deceased died and proceedings got abated against him.
After considering the entire evidence on record, Additional Sessions Judge observed, “though dying declaration is not weak evidence and is kept at the same pedestal like other evidence and conviction of an accused can be recorded on the basis of it. However, it must inspire confidence in the court before its to be considered for conviction”, adding “when this settled principle is applied to the facts of the case, dying declaration does not survive in this case”.
“There are plethora of such facts surrounding dying declaration that they put it in the realm of doubt, on the basis of which its quite unsafe and unreasonable to convict the accused”, the court said.
With regard to drawing of presumption of guilt against the accused under Section 114-C of Evidence Act, court observed, “the presumption is rebuttable and will come into play only when primary incriminating facts are established against the accused and not otherwise”.
While acquitting the accused, court expressed its utter dismay over faulty investigation done in serious cases like the instant one where in a married lady has ended her life by committing suicide and it remained a mystery as why she has taken such an extreme step at initial stages of her married life.
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