Excelsior Correspondent
JAMMU, Dec 11: High Court has set-aside the order of the Trial Court and issued directions for framing of charges of dowry death and cruelty against the husband and others.
The petition was filed by the mother of the deceased for quashing order dated 03.10.2019 passed by the 2nd Additional Sessions Judge, Jammu by virtue of which, the trial court charged the respondent Sanjay Kumar, husband of deceased Krishma Devi, Pawan Kumar father-in-law of deceased and Sunita Devi mother-in-law of deceased for commission of offences under Sections 306 and 498-A/34 RPC and discharged them for commission of offence under Section 304-B RPC.
After hearing Advocate Ajay Bakshi for the petitioner where as AAG Aseem Sawhney appearing for the UT, Justice Rajnesh Oswal observed, “the trial court has in fact conducted the mini trial and has appreciated the evidence that was not permissible at this stage. Thus this finding of the trial court that there was no evidence of cruelty “soon before death” is also not sustainable in view of the statement of the witnesses”.
With these observations, High Court set aside the order dated 03.10.2019 passed by 2nd Additional Sessions Judge Jammu and the trial court was directed to frame the charges for commission of offences under Section 304-B, 498-A/34 RPC against the respondents.
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