STATE OF J&K Vs. DILER SINGH

JUDGEMENT

(1.) This criminal acquittal appeal has been filed against the judgment dated 25.07.2003 passed by the trial Court by which respondents have been acquitted from the offences under Sections 302, 498-A, 120-B/201 RPC and under Section 3/5 Dowry Restraint Act, 1960.

(2.) The prosecution story in nut shell is that on 17.05.1999, one Jagir Singh gave intimation to the police that he has received information from Diler Singh at about 8 a.m. on 16.05.1999 that whereabouts of his wife Mst. Babli Devi were not known and she was missing since morning of 16.05.1999. As per the statement of Diler Singh, he had beaten his wife on 15.05.1999 and after that they slept in one room and in the morning of 16.06.1999 he found the deceased missing. Jagir Singh, the father of the deceased, made search for her daughter and thereafter reported the matter to the police authorities, in which it was stated that the husband of the deceased and his family members were harassing her for bringing less dowry.

(3.) On the basis of the aforesaid report, the proceeding under Section 174 Cr. P.C., 1973 was initiated and during the course of the enquiry, dead body of deceased Babli Devi was recovered from the Nullah Dessa near Bhupa Bridge. The deceased Babli Devi was married to accused Diler Singh in the month of July, 1994 and after one year of marriage, accused Diler Singh and his parents started harassing the deceased for brining less dowry. In this regard complaints were made by the deceased to her parents and despite persuasions made by the in-laws, husband of the deceased did not stop harassing her but instead started beating the deceased and starting demanding a sum of Rs. 30,000/- as more dowry and also demanded a house duly constructed in Doda city from Babli Devi and her parents. It is the case of the prosecution that since demands of dowry were not met, therefore, relation between the deceased and her husband, namely Diler Singh were strained. Thereupon accused Diler Singh in conspiracy with his parents started beating the deceased and killed her. In order to destroy the identification of the deceased cut the head of the deceased and with a view to cause disappearance of the dead body as well as the head of the dead body, the same was thrown into the water of Bhupa Bridge Nallah. The police after investigation filed charge-sheet for offences as aforesaid against the respondents. The trial court vide order dated 25.07.2003 after meticulous appreciation of evidence on record acquitted the respondents of the offences alleged against them.