Asst Cmdt BSF acquitted in abetment to suicide case

Excelsior Correspondent
JAMMU, May 29: Principal Sessions Judge Jammu Kartar Singh today acquitted one  Manoj Kumar, son of Ram Krishan of Uttar Pradesh (presently Assistant Commandant  53 Battalion BSF), who was facing trial for the last eight years in abetment to suicide and cruelty case as prosecution miserably failed to prove the case.
According to the police case, on August 9, 2004 a written complaint was submitted before the SSP Jammu, who forwarded the same to the Police Station Bakshi Nagar for registration of the case. In the complaint, Major Ram Singh Ahlawat alleged that his daughter was being harassed by her in-laws ever since she entered into wedlock with Manoj Kumar for want of more dowry.
In the complaint it was further mentioned that after some time the complainant’s daughter joined the service in the RRL as Research Assistant and started getting monthly salary of Rs 10,000 but even after this the accused continued to harass his daughter for dowry till her death.
Accordingly, police registered a case under Section 306/498-A CrPC and after completion of investigation presented challan in the court of law.
After hearing Advocate Sakal Bhushan appearing for the accused whereas Public Prosecutor Shabir Choudhary for the State, Principal Sessions Judge observed, “the conduct of the accused in shifting the deceased from RRL Jammu to GMC as admitted by Ram Singh Ahlawat and further shifting her to AIIMS by air and attending to her throughout and bearing the entire medical expenses of the deceased during her hospitalization in AIIMS  for more than a month  as admitted by the father of the deceased, cannot be lost sight of while critically examining the prosecution case”.
“The prosecution case is based upon mere oral statements in total suppression of material facts otherwise borne out of record. In other words, the investigating agency has totally suppressed the genesis of occurrence and different version has been put up before the court. The accused has been victimized due to unfair investigation for which he is suffering for the last nine years and in this way his valuable time and precious years of life have been ruined by the prosecution”, the Court said.
With these observations, Court held that prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. Accordingly, the Court acquitted alleged accused of the charges leveled against him.

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