LAWS(J&K)-2021-7-75

STATE Vs. MAYA DEVI

Decided On July 02, 2021
STATE Appellant
V/S
MAYA DEVI Respondents

JUDGEMENT

(1.) Heard Mr. Vishal Bharti, learned Dy. AG appearing for the appellant and also gone through evidence recorded in this case. There are three sets of evidence on record. One set is of the official witnesses who have deposed about the Investigation/expert opinion etc. Another set of witnesses are those who have turned hostile. And third set of witnesses are those who are neighbours and relations of the deceased, who deposed that the deceased usually complained about the ill treatment by the accused.

(2.) Prosecution is required to have produced evidences which would create nexus between the accused and the commission of offences. It is only after such evidence produced that other two sets of witnesses lend support to the credentials of the statement of the witnesses to support prosecution version. A number of witnesses have stated that the deceased usually complained about the ill treatment, she was subjected to by the accused, but opinion of these witnesses are not sure as to how deceased died. Narration of these witnesses have given hearsay version which as per them, they had heard from the deceased. Relatives of the deceased have their own story to tell.

(3.) PW Thakur Dass deposed that he cannot say as to how deceased died. He says that deceased was not being ill treated by the accused. PW Bano also says that she does not know how deceased died but she says that she heard from the deceased that she had been treated by the accused for bad luck. Similar statement has also been given by PW Beeru Devi.