Principal Sessions Judge Jammu Sanjeev Gupta today acquitted Vivak Sharma who allegedly facing trial in murder of his wife,as prosecution failed to prove its case.
As per prosecution case, on 13.05.2018 a source information was received by the Police Stationed at Gandhi Nagar at about 21:15 hours, to the effect that accused on the basis of some past enmity had killed his wife Neetu Sharma in a room of House No: 56, Sector 7, Gali No:1 Nanak Nagar Jammu, where he was residing on rent with his family and after committing the crime left the spot, leaving his two minor daughters and body of the deceased in the home. It came to fore in the investigation that few months before the incident, accused and deceased used to reside at Sarwal area of Jammu in the house of brother of accused where once deceased had seen accused doing an obscene act with his sister-in-law and for said reason deceased forced the accused to leave the house of his brother and thereafter both of them started living in a house at Nanak Nagar on rent, however accused did not mend his ways which led to frequent exchange of hot words between both of them and sensing that deceased will always come in the way of his illicit activities, the accused on the fateful day with a criminal intention, pushed the deceased on the bed lying in the room in presence of his two minor daughters and with the help of a dupatta, strangulated her, who died on the spot. After completion of investigation final report u/s 173 CrPC was laid before the Court of JMIC (Sub Judge) Jammu on 12.07.2018, who on the same day committed the challan to this Court as offence u/s 302 RPC is exclusively triable by the Court of Sessions.
Principal Sessions Judge Jammu Sanjeev Gupta after hearing Adv Rohit Sharma for the accused observed that is well entrenched principle of criminal jurisprudence that a charge can be said to be proved only when there is certain and explicit evidence to warrant legal conviction and that no person can be held guilty on pure moral conviction. Howsoever grave the alleged offence may be, otherwise stirring the conscience of any court, suspicion alone cannot take the place of legal proof. The well established cannon of criminal justice is “fouler the crime higher the proof”. In unmistakable terms, it is the mandate of law that the prosecution in order to succeed in a criminal trial, has to prove the charge(s) beyond all reasonable doubt. the prosecution has failed to prove its charge against the accused and to adduce evidence beyond reasonable doubt to make out the culpability of the accused, who deserves a benefit of doubt. Accordingly, prosecution case is dismissed and accused is acquitted. JNF