Excelsior Correspondent
JAMMU, Jan 18: Principal Sessions Judge Kathua, A K Koul today acquitted Bhagwan Dass and Reeta Devi, who were facing trial in murder of one Sunita Devi, wife of Bhagwan Dass, as court found the entire prosecution story doubtful and the investigation carried out by the police as tainted.
According to the police case, on November 8, 2005, an information was received in Police Post Marheen at 7.45 pm that a woman Sunita Devi had caught fire. Police swung into action and rushed to the place of alleged occurrence. It was found that the deceased had caught fire in the house of Reeta Devi. She was shifted to District Hospital Kathua in a critical condition.
In her statement to police, Sunita Devi revealed that Reeta Devi, sister of Bhagwan Dass, was married to her brother Raj Kumar. Reeta Devi was creating hostility between her (deceased) and her husband (Bhagwan Dass). On November 8, 2005 Sunita Devi had gone to the house of Reeta Devi at village Gadyal where both the accused doused her with kerosene and put her on fire.
On the basis of statement of deceased, a case under Section 307/34 RPC was registered. In the meantime deceased was shifted to GMC Jammu, where she succumbed to injuries on November 12, 2005. Accordingly, offence under Section 307 RPC was substituted by offence under Section 302 RPC and after completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge Kathua observed, “prosecution has failed to bridge the gap between suspicion and proof. The woven wrap and weft of prosecution story was the dying declaration but unfortunately there are so many legal infirmities in the case and even factually one is not convinced about the genuineness of the same. Once it is doubtful entire prosecution case crumbles”.
“There is no option with the court but to observe that the entire exercise conducted by investigating agency and prosecution has ended in futility”, the court said, adding “it would be fair to say that the prosecution has failed to create a doubt free nexus between the accused and the guilt. The entire prosecution story appears to be doubtful and the investigation carried out by the police agency also appears to be tainted. So, the case does not rest on sound footing. A reasonable doubt arises about the involvement of the accused and the benefit of that doubt has to be extended to accused”.
With these observations, court dismissed the case and the accused were acquitted while being given benefit of doubt.
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