Addl. Sessions Judge Jammu Tahir Khurshid Raina acquitted three accused in a case of abetment to suicide , committed by a married lady at her matrimonial home . All the four accused which includes parents – in – law , husband of deceased and sister- in – law were booked u/sec 306, 498 A RPC . In his observations judge has remarked that though on personal note I feel sadden with such an unfortunate happenings in our society . But while keeping the scales of justice balanced , I am more to be moved by law on the point than by personal emotions and commitments. Judge further observed ” Mr. Prejudice and Miss sympathy are the names of the witnesses whose testimonies never gets recorded during trial to influence the court .
The Case pertains to police station Akhnoor . In 2009 an information was received that a married lady Sunita devi wife of kuljinder singh s/o Lachhman singh has consumed poison and is admitted in GMC Jammu. A police personnel was deputed to reach GMC. He recorded the statement of deceased . FIR got registered bearing number 111 of 2009 for commission of offences u/sec 309, 498 A RPC . Later she died and offence u/ sec 309 was replaced by 306 i.e abatement to suicide. Prosecution projected the last statement of deceased as oral dying declaration and filed charge sheet against the accused . Accused were charged and tried for the said offences by the court for 11 years . During the course of trial father- in – law of deceased died and proceedings got abatedagainst him.
After considering the entire evidence on record , court observed that though dying declaration is not a 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. Court observed that when this settled principle is applied to the facts of the said case , dying declaration (DD) does not survive in this case . There are plethora of such facts surrounding DD that they put it in the realm of doubt , on the basis of which its quite unsafe and unreasonable to convict the accused . Same is the observation made by the court about the oral evidence on record.
With regard to drawing of presumption of guilt against the accused under section 114-C of Evidence Act is concerned, court observed that the said presumption is rebuttable and will come into play only when primary incriminating facts are established against the accused and not otherwise.
Finally, while acquitting the accused , Court has shown 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. JNF