STATE OF J&K Vs. AMRIK SINGH AND OTHERS

JUDGEMENT

(1.) Cr. Acquittal Appeal No. 64 of 2008

(2.) Prosecution case briefly stated is that on 09.05.2008, on the basis of the written complaint of PW Des Raj, brother of the victim, namely, Kamlesh Kumari, First Information Report (FIR) was lodged against the respondents. It was stated in the complaint that the victim was married to Amrik Singh, herein respondent No. 1 on 14.04.200 It was further stated in the aforesaid complaint that respondent No. 1 started beating Kamlesh Kumari after marriage and the complainant came to know about the factum of death of the victim by a telephone call. It was also stated that Jarnail Singh, Jeet Kour and the wife of Jarnail Singh used to ill-treat the victim. On examination of the dead body, it was concluded that the death was homicidal in nature.

(3.) After lodging of the FIR, the police carried out the investigation and concluded that respondent No. 1 had demanded Rupees one lakh from Des Raj through his wife but the same was not given to him therefore, he nurtured ill feeling against his wife. Respondent No. 1 alleged to have beaten the victim in his house in the night and slept in the compound of his house and thereafter, in the early morning again went inside the room, which he had locked and strangulated his wife, who was lying on the bed. The co-accused alleged to have coaxed him to do away with the life of victim. Thereupon, charge under sections 302 and 109 RPC was framed against the accused and filed in the court of JMIC, R. S. Pura. Wherefrom, the case was committed to the court of Principal Sessions Judge, Jammu. The trial court framed the charges against the respondent No. 1 for offence under section 302 RPC and remaining respondents under sections 302 and 109 RPC. The respondents denied the commission of the offence. The prosecution led the evidence before the trial court.