PRESIDENT NARI JAGARN MANCH Vs. STATE OF J&K

JUDGEMENT

(1.) KEEPING in view the controversy involved in this case, it was agreed between the learned counsel for the parties that this petition needs to be disposed of at this stage only. Accordingly, this petition is admitted and is being finally disposed of.

(2.) FACTS which are not in controversy, are that respondent No.3 Vikram Malhotra was married to Smt. Ashu Malhotra on 31st Jan, 1998. Mrs. Ashu Malhotra since deceased, was found hanging with a fan at her matrimonial home on the evening of 24th July, 1998, This fact was noticed by her husband i.e., respondent No.3. It is further not in dispute that before anybody could arrive at the spot, respondent No.3 had brought down the dead body of his wife by cutting the Dupatta from the fan. It is further not a dispute that after the postmortem of the body of the deceased, she was cremated.

(3.) MEANWHILE on 25th July, 1998 around 10. A.M. information was received at Police Station Gandhi Nagar, Jammu, regarding the death of Ashu Malhotra wife of Vikram Malhotra resident of 701 -A, Gandhi Nagar, Jammu, having died under suspicious circumstances on the previous evening i.e. 24th of July, 1998. Report No. 9 was entered in Daily Diary register. Proceedings were undertaken by the police under section 174 of J&K Cr. P.C. and as observed earlier herein, postmortem was got conducted.