STATE OF J&K Vs. YASH PAL

JUDGEMENT

(1.) SMT. Prabha married to respondent No.1-Yash Pal in the year 1996 died on June 4, 1997. Her father- Des Raj, complained to the police that her daughter was murdered by her husband-Yash Pal and sister-in-law-Ashu, who were stated carrying illicit relationship. Proceedings under Section 174 of the Code of Criminal Procedure, initiated on Des Raj's Complaint, culminated into registration of FIR No. 144/97 under Section 302 RPC at Police Station R.S.Pura, Jammu.

(2.) THE investigation carried out in the FIR, however, substantiated a case punishable under Sections 306/498-A R.P.C against Yash Pal and Ashu as Offence under Section 302 RPC was not found to have been made out.

(3.) MS. Z.S.Watali, learned Deputy Advocate General, appearing for the State submitted that acquittal recorded by the trial Court, proceeding on the premise that illicit relationship between Yash Pal and Ashu would not amount to abetment and suicide, was illegal and against the law laid down by Hon'ble Supreme Court of India in Dammu Sreenu versus State of A.P, reported as AIR 2009 SC, 2532.