STATE Vs. AJAY SINGH JASROTIA

JUDGEMENT

(1.) One Aparna alias Niku died under suspicious circumstances, which resulted in initiation of inquiry under Section 174 Cr.P.C. On conclusion of the enquiry, an FIR No. 135/97 came to be filed on 18th of Sept'97 with police station Satwari. The respondents were tried under Section 306, 498-A RPC, by the learned 1st Additional Sessions Judge, Jammu. The learned trial court after appreciating the prosecution evidence came to the conclusion that it has failed to prove the allegation against the accused and accordingly acquitted them of the charges under Section 306, 498-A RPC, vide its order dt. 17th of Sept'08. It is under these circumstances, the present appeal has been filed by the appellant State.

(2.) The order impugned is being assailed on the ground that the learned trial court has not appreciated the evidence in its right perspective. It is stated that the prosecution without any shadow of doubt had proved the case that it was on account of cruelty and other compelling circumstances, which led the deceased to commit suicide but the said aspect was not taken note of by the court below.

(3.) The story as put forth by the prosecution is that the deceased was married to respondent No. 1 and the said marriage was solemnized on 21st of Jan'96, but the said respondent was having extra marital relationship with one Sabita about which the deceased was kept in dark by her in-laws. It was further pleaded that the respondents oftenly used to taunt and harass the deceased as she had not brought anything in the dowry. The deceased was not being allowed to even talk to her parents on telephone and was being refused to meet her relations.