STATE OF J &K Vs. SHEELO DEVI

JUDGEMENT

(1.) This criminal acquittal appeal has been filed by the appellant-State against the judgment dated 21.10.2016 passed by the learned Additional Sessions Judge, Jammu in case titled State v. Puran Chand and another for offences under Sections 498-A/306, RPC in FIR No. 250/2013, registered with Police Station, Satwari, Jammu.

(2.) The brief facts of the case are that on 25.12.2012 Police of Police Station, Satwari received information through reliable sources that one Mst. Bandana Devi tried to immolate herself and had been admitted in the Hospital. On this, an FIR No. 250/2013 for commission of offences under Section 309, RPC was registered. During the investigation, Investigating Officer got the statement of the injured recorded and that of material prosecution witnesses under Section 161, Cr.P.C. were also recorded. The Investigation agency prepared the site plan, seized plastic bottle from the place of occurrence and after resealing sent the same for chemical analysis to FSL Jammu. On 15.01.2013, the victim succumbed to the burn injuries sustained by her and as such offences under Section 498-A/306, RPC were introduced by the Investigating Officer. After completion of the investigation, challan was produced before the competent Court of law against the two accused i.e., husband-Puran Chand and mother-in-law Sheelo Devi of the deceased-Mst. Bandana Devi. On 15.05.2013, accused were charge sheeted by the court below for offences under Sections 498-A/306, RPC, whereby they pleaded innocence and claimed trial. Prosecution was directed to lead evidence.

(3.) From the perusal of the challan, it reveals that prosecution has cited as many as 17 witnesses but during the trial, prosecution recorded only 14 witnesses. Investigating Officer and doctor in the case have not been examined. It is worthwhile to mention here that during the course of investigation, accused-Puran Chand died.