STATE Vs. RAJA REHBAR

JUDGEMENT

(1.) This appeal is directed against judgment dated 28.02.2015 passed by learned Sessions Judge Bhaderwah in File No. 27/ Sessions Challan titled State Vs. Raja Rehbar and Ors. by virtue whereof respondent-Raja Rehbar (hereinafter referred to as accused) has been acquitted of offence under Sec. 302 RPC. The impugned judgment has been assailed on the ground that the trial Court has failed to appreciate the prosecution evidence and the conclusion drawn is against the weight of evidence. The impugned judgment has further been assailed on the ground that important pieces of evidence have been ignored. It is contended that there is enough circumstantial evidence available on record which has been duly corroborated by opinion of medical experts. It is, further contended that the direct and circumstantial evidence on record is sufficient to convict the accused.

(2.) The appellant State prays for condonation of 101 days' delay in filing of appeal and also seeks special leave to prefer acquittal appeal in terms of provisions of Sec. 417 Cr.PC.

(3.) Heard learned Dy. AG Mr. R S Duruswal and waded through the impugned judgment. Allegedly, the accused set ablaze his wife Sanam Ara. It happened on 07.08.2008 at Kotli, Tehsil Bhaderwah in matrimonial home of deceased Sanam Ara who sustained 50 per cent deep burn injuries on her body after the accused allegedly sprinkled petrol on her body and lighted a lighter to set her on fire. The deceased was removed to Bhaderwah Hospital from where she was referred to SMHS Hospital Srinagar where she breathed her last after one month and nineteen days. Allegedly, deceased was married to accused barely one year before the incident and the accused used to harass the deceased by putting up demands of cash and a vehicle. Parents of accused too were alleged to have made similar demands resulting in harassment of deceased. It appears that initially inquest proceedings under Sec. 174 Cr.PC were set in motion and the same culminated in registration of FIR against the accused under Sec. 302 RPC. Subsequently parents of accused were also booked as the material assembled during investigation pointed out there involvement as well. The investigation culminated in filing of Charge-sheet against the accused Raja Rehbar for offence under Sec. 302/498-A/109 RPC whereas parents of accused were found involved in commission of offence under Sec. 498-A RPC. The case was sent for judicial determination before the Trial Court where charges were framed against the accused Raja Rehbar for offence under Sec. 302 RPC whereas parents of accused were discharged. The accused Raja Rehbar pleaded not guilty to the charges framed against him. Prosecution examined 20 witnesses at the trial to bring home guilt of the accused.