STATE Vs. NANAK RAJA RAO

JUDGEMENT

(1.) STATE has preferred the instant appeal against the acquittal earned by the respondent -Nanak Raja Rao (for short hereinafter referred to as the accused) under Section 302 RPC, vide impugned judgment of learned 1st Additional Sessions Judge, Jammu dated 05 -10 -2005.

(2.) THE deceased in this case is Smt. Padmawati wife of the accused who as per the case set up by the prosecution had hanged herself to death in family quarter situated in DD Enclave (Nagrota). The factum of her death was got initially registered in the daily diary No. 25 dated 2 -1 -1998. Proceedings under Section 174 Cr. P.C, were got initiated by the Police. During the investigation, a Sari and piece of Wire which were stated to have used by the deceased to commit suicide were taken into custody. A bottle containing 150ml. of liquor was seized alongwith the vomited material. Other procedural formalities were also completed. Subsequently, FIR No. 3/98 was registered against the respondent and after he was formally arrested a Muffler was allegedly recovered from him pursuant to his disclosure statement. Copies of certain letters written in Telegue were also recovered. During the investigation it transpired that accused was coercing the deceased for managing a cash of Rs. 60,000/ -, but she failed to meet his demand. He tied his Muffler around her neck and strangulated her to death. It was then alleged that he hanged the dead body from the ceiling with a Sari, and informed the guard on duty that his wife had committed suicide.

(3.) WHILE discussing the evidence of father and brother with regard to the allegation of coercing the deceased vis -a -vis payment of Rs. 60,000/ -, the learned trial Court has held that from the present set -up of evidence it revealed that accused was a short tempered man and even if it is believed that he had demanded Rs. 60,000/ - from her, still it was difficult to conclude that for that reason he would go to kill his wife whereas it had come on evidence that relations between husband and wife were otherwise cordial.