Excelsior Correspondent
JAMMU, Sept 11: Sessions Judge Kathua, M K Hanjura today acquitted a man of charges of abetment to suicide of his wife, cruelty towards her and causing disappearance of evidence of offence as the prosecution failed to connect the accused with the commission of crime.
According to the prosecution case, Bansi Lal, son of Dhani Ram of Khardho, Kathua was harassing his wife Rani Devi for want of dowry and finding it unable to tolerate harassment Rani Devi committed suicide by hanging herself on December 27, 2005.
Subsequently, an inquiry under Section 174 CrPC was set in motion. On January 17, 2006, the father of deceased for the first time alleged harassment of the deceased on account of demand of dowry by the accused. Accordingly, a case for offences under Section 306/498-A RPC was registered and investigation commenced.
On completion of investigation, charge sheet for the commission of offences under Section 306/489-A/201 RPC was presented in the court of law.
After hearing counsel for the accused and public prosecutor and examination of the prosecution and other witnesses, Sessions Judge, M K Hanjura observed, “the accused appears to have been falsely implicated in the case. The father of the deceased and her brothers raised the storm after a lull. They maintained silence about the cause of death of Rani Devi for a period of 21 days”.
“The prosecution witnesses have in one voice stated that he (father of deceased) didn’t raise his finger against any one at the time of creation of Rani Devi, where they too were present”, the Court observed, adding “had the harassment been the reason behind the extreme step by the deceased, her family members would have been prompt in reporting so to the police authorities”.
“They waited for too long a period perhaps to manufacture and tailor a cock and bull story to involve the accused falsely. Narrating these facts at the earliest opportune time would have given a semblance of fairness not only to the investigation of the case but to the prosecution version also”, Sessions Judge said, adding “since this has not been done the chances of fabrication, concoction, manipulation and embellishment cannot be ruled out. The delay is so long as to throw a cloud of suspicion on the very scaffolding of the prosecution case”.
He further observed, “the nexus between the death of the deceased and the alleged act of accused has not been proved by any evidence. A judicial process, which can only be issued on the firm foundations of credible evidence, cannot be issued in this case as the prosecution has failed to connect the accused with the commission of crime”.
With these observations, Sessions Judge acquitted the accused of the charges leveled against him.
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