STATE OF J&K Vs. MOHAMMAD MAQBOOL DAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.05.2013 passed by learned Sessions Judge, Ganderbal, in terms whereof respondents (accused) have been acquitted.

(2.) Daughter of the complainant was married to respondent No.2-Ashiq Dar alias Parvaiz. From the wedlock two children are born. Marriage subsisted for four years but unfortunately terminated with the death of Mst. Haneefa (deceased). The deceased allegedly committed suicide. The suicidal death was taken to have been instigated by the respondents (accused) as allegedly they were demanding dowry. The complainant-father of the deceased lodged report based on which case was registered as FIR No.97/2006 P/S Ganderbal for commission of offences punishable under Section 306, 498-A RPC. Registration of the case culminated in filing of charge sheet to the effect that the accused during investigation were established to have committed the said offences. The case was committed to the Court of learned Sessions Judge, Ganderbal. Charge was framed against the accused for commission of said offences. The accused pleaded not guilty, as such, claimed to be tried.

(3.) In support of the case, prosecution has produced as many as 12 witnesses. Thereafter accused were examined in terms of Section 342 Cr. P. C wherein they stated that they have not committed any offence. In short, they denied complicity in the crime and added that, in fact, deceased, against the wishes of her parents and family, had contracted marriage with the accused No.2 and when she died, her parents got an occasion to wreak vengeance, as a result whereof case was registered against the accused persons. In defence, accused have examined two witnesses.