STATE OF J&K Vs. TILAK RAJ

JUDGEMENT

(1.) THIS acquittal appeal is directed against the judgment and order dated March 15, 1988, passed by the learned Sessions Judge, Rajouri, acquitting the accused -respondents of the offences under Sections 302/201/34 RPC.

(2.) BRIEF facts necessary for disposal of the appeal are; that on June 28.1985, Sadhu Ram alongwrth Tilak Raj lodged a complaint in Police Station, Nowshera, alleging therein that Mst. Sudesh Kumah W/o Hans Raj had died due to drowning in the nallah. The SHO of the police Station, upon this information, visited the spot alongwith the doctor and started inquest proceedings under Section 174 Cr.PC. The police on spot seized one tin, chappel and binna from near the spring in the Nallah. The doctor conducted the post -mortem on the dead body of the deceased which was later handed over to the heirs of the deceased for cremation. On June 29, 1985, Krishan Lal, father of the deceased also presented a complaint to the police alleging therein that Hans Raj, Tilak Raj, Ram Piyari, Kailash Kumari and Mst. Sona, used to beat the deceased for not having brought dowry and also because the deceased could not give birth to a child. He had suspicion that her daughter had been murdered either by strangulation or by poisoning by the said person during the intervening night of June 27th/28th, 1985 and had thrown the body into Dabar of the nallah. The police, upon this information, registered a case under Section 302 RPC and continued to hold the inquest proceedings till July 21. 1985. The Investigating Officer on July 23,1985 recorded the statements of the witnesses and accused were taken in custody under Section 302/34 RPC. Some aggrieved persons of the locality, not satisfied with the investigation being conducted, approached the Superintendent of Police, Rajouri, who transferred the investigation to the Crime Branch, Jammu and the investigation came to be conducted partially by Inspector Tej Ram Dogra of the Crime Branch. He during investigation, also added offence under Section 201 RPC. The police presented the chargesheet against accused persons in the court under Sections 302/201/34 RPC. The accused pleaded not guilty and were tried accordingly.

(3.) THE trial court on appreciation of evidence, collected during investigation and produced before the court during trial, came to the confusion that the prosecution had failed to prove the case and acquitted the accused.