STATE OF J & K Vs. ISHTIYAQ ALI

JUDGEMENT

(1.) Through the medium of the instant Criminal Acquittal Appeal, the appellant-State (now UT) of J&K has challenged the judgment dtd. 9/12/2013 (for short, "impugned judgment") passed by the court of learned Principal District & Sessions Judge, Ramban (for short, "trial court") in sessions trial case No. 115/2009 titled "State Vs. Ishtiyaq Ali" whereby the respondent has been acquitted despite commission of offence punishable under Sec. 306 RPC, in a case registered at Police Station, Ramban vide FIR No. 94/2009 on a written complaint by one Haider Ali S/O Chirag Ali R/O Chanderkote, Tehsil Ramban alleging that his daughter Rozina Begum, who had been married to the respondentaccused Ishtiyaq Ali for about thirty years, was subjected to cruelty and as a result of continuous beating, she had committed suicide on 25/6/2009 by jumping into river Chenab from Gugwal Bridge and that her dead body was later found after three months at Dayangarh, Reasi.

(2.) The case of the prosecution before the trial court was that on the basis of a written complaint filed on 26/6/2009, by Haider Ali S/O Chirag Ali, R/O Chanderkote, Tehsil Ramban, stating therein that his daughter Rozina Begum, who had been married to respondent-accused Ishtiyaq Ali about 30 years back, was subjected to cruelty and as a result of continuous beating, his daughter committed suicide on 25/6/2009 by jumping into river Chenab from Gugwal Bridge, an FIR was got registered by the Police Station, Ramban against the respondent herein; that during investigation dead body of the deceased-Rozina Begum was found at Dayangarh Reasi from Salal Project Dam, after three months and her postmortem was conducted on 1/10/2009 at District Hospital, Reasi.

(3.) After investigation of the case, chargesheet was laid against the respondent for the commission of offence punishable under Sec. 306 RPC; that the respondent was chargesheeted by the trial court vide order dtd. 16/8/2010 for the commission of offences punishable under Sec. 306/498-A RPC; that the prosecution in order to prove its case to bring home charge against the respondent examined eight witness, namely, Haider Ali, Abbas Ali, Subara Begum, Arif Ali, Inshar Ali, Fatrqa Bahadur, Muzafar Ali and Dr. Sudesh Raina. The respondent, in defence, also examined one witness, namely, Dr. Saifudin Khan.