STATE OF J & K Vs. SUBASH SINGH

JUDGEMENT

(1.) The instant appeal lays challenge to the judgment dtd. 29/11/2007, whereby the respondents were acquitted of the charges of commission of offences under Sec. 302/498-A, RPC read with Sec. 3/5 of Dowry Restraint Act. The respondents in the instant case are the husband and mother-in-law of the deceased Madhu Kumari.

(2.) Police intervention in the matter commenced on 9/8/2003 when a telephonic communication was received in Police Station, Akhnoor at 16:05 hours from Akhnoor Hospital that a dead body has been brought to the hospital and immediate action was needed.

(3.) Head Constable, Mohd. Iqbal was deputed to the hospital for undertaking the necessary action. It appears that the dead body was lying in the hospital mortuary without anyone to attend her and cause of death could not be ascertained. In this background, inquest proceedings in terms of Sec. 174, Cr.P.C. were initiated. The dead body was identified as that of Madhu Kumari and on the request of the parents of the deceased, post mortem was conducted at the Government Medical College, Jammu. A Board of three doctors conducted the autopsy on 11/8/2003. The wearing apparels of the deceased were seized and the dead body was handed over to the legal heirs for last rites. It appears that Board of doctors concluded the cause of death as being "asphyxia as a result of strangulation". Two injuries on the dead body i.e. a ligature mark of 1 cm placed horizontally over neck and swelling around left shoulder joint with fracture, dislocation of left shoulder joint present were noticed as being recent and ante-mortem.