STATE OF JAMMU & KASHMIR Vs. MADAN SINGH

JUDGEMENT

(1.) This judgment of acquittal by the State of Jammu and Kashmir (now Union Territory of J&K) is directed against a judgment dtd. 24/5/2011 passed by the learned Additional Sessions Judge, Jammu ["the trial Court"] in file No.71/Addl. Sessions titled State of J&K v. Madan Singh and others, whereby the trial Court has acquitted the respondents of the commission of offences punishable under Sec. 315/313/109/498-A RPC.

(2.) Before adverting to the grounds of challenge pleaded by the learned counsel appearing for the appellant, it would be necessary to notice, briefly, the prosecution story as was put up before the trial Court.

(3.) It is claimed that on September 15, 2000, the then ASI Pritam Chand of Police Station, Akhnoor, who was on routine patrol duty along with other police personnel at Akhnoor, received an information that the complainant was being subjected to miscarriage against her will at the clinic of respondent No.4. He rushed to the clinic and enquired from the complainant. She disclosed that she was married to accused-Madan Singh, respondent No.1 herein for the last one year and had conceived a baby out of her wedlock with accused No.1. She claimed that she was carrying a fetus of 4/5 months, which she was forced to abort by accused No.1 at the abetment of respondent Nos.2 and 3. She also made allegation of demand of dowry by respondent Nos.1 to 3. She also made an allegation that prior to 15/9/2000 i.e. on an earlier occasion on 4/9/2000 as well she was subjected to beating by her husband-accused No.1. The statement of the complainant was recorded and she along with a dead baby delivered by her was brought to Government Hospital, Akhnoor and simultaneously a docket was dispatched by ASI Pritam Chand to Police Station, Akhnoor for registration of FIR. On this, FIR No.199/2000 was registered at Police Station, Akhnoor and investigation set in motion. The police after recording statements of witnesses, who were found acquainted with the facts of the case, and completing other legal formalities, presented a Final Report before the Court of Judicial Magistrate 1st Class, Akhnoor on 23/1/2001. The matter was committed by the learned Magistrate to the Principal Sessions Judge, Jammu, which, on transfer, came to be assigned to the trial Court.