MOHD. ASHRAF Vs. UT OF J&K

JUDGEMENT

(1.) The instant application for grant of bail has been moved by the petitioners whereby they have sought bail in a case arising out of FIR No. 03 of 2021 for offences under Sec. 306 of IPC registered with Police Station, Warwan, Kishtwar.

(2.) The facts leading to registration of the aforesaid FIR are that on 23/7/2021, the Police received an information that one lady, namely, Zahoora Begum, the wife of petitioner Mohd. Ashraf has jumped into river Chenab and her dead body has been recovered from the banks of the said river. The police started inquest proceedings under Sec. 174 Cr.P.C. and seized the dead body of the deceased. The statements of the witnesses who were acquainted with the circumstances of the case were recorded under Sec. 175 Cr.P.C.

(3.) It was found that the deceased was married to petitioner Mohd. Ashraf about 17/18 years back and out of this wedlock, three children were born. It was also found that after some time of their marriage, the petitioner Mohd. Ashraf, his brother Fayaz Ahmad and his sisters Shariefa Begum, Saira Begum and Rafiqa Begum used to taunt the deceased and inflict mental torture and cruelty upon her. They would even compel the deceased to go without food. It was also found that petitioner Mohd. Ashraf, who is a police official, usually remains out of his house in connection with his duty and whenever he would come to his home, his brother, petitioner Fayaz Ahmed would instigate him against the deceased. Thus, it was found that the deceased, after being fed up of the acts of cruelty inflicted upon her by the accused, decided to end her life by committing suicide and consequently, she jumped into river Chenab.