LAWS(J&K)-2022-5-7

SUDESH KUMAR Vs. UT OF J&K

Decided On May 25, 2022
SUDESH KUMAR Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) The present petition has been filed by the petitioners for directing the respondents to submit the record of investigation if any conducted by police of Police Station, Kud regarding the murder of Koushalya Devi W/o Shankar Lal R/o Karlah.

(2.) It is submitted that the mother of the petitioner No. 1 and wife of petitioner No. 2 i.e. Late Koushalya Devi had gone to the adjoining forest of grazing of her cattles on 20/3/2018 but did not return back. The petitioners went in search of her and found her hanging with a tree. In the photograph, the darat was also found hanging with a branch of tree. The petitioners informed the police and filed an application before the SDPO narrating the incident. Police came on spot and took the body of the deceased in their custody and post-mortem of the deceased was conducted. Thereafter, the police did not conduct any investigation for the reason best known to the police. On the basis of these facts, the present petition has been filed by the petitioners.

(3.) Status report stands filed by the respondents in which it is stated that death of the deceased occurred in suspicious circumstances, as such, in order to ascertain the cause of death, inquest proceedings under sec. 174 Cr.PC were initiated in this regard and inquiry was taken up by the police. Post-mortem of the deceased was got conducted through Medical Officer, CHC, Chenani and after the post-mortem, the dead body of the deceased was handed over to the legal representatives of the deceased. On suspicion, polygraphic tests of Krishan Singh S/o Lal Chand, Mulkh Raj and Onkar Singh both sons of Jia Lal R/o Glai Karlah Tehsil Chenani District Udhampur were conducted through FSL Srinagar and reports were obtained from FSL Srinagar. The report of the deceased was obtained from FSL Jammu and post-mortem report was also obtained from Medical Officer concerned. As per opinion of the Medical Officer, the death of deceased lady was caused due to hanging.