Excelsior Correspondent
JAMMU, Sept 10: Division Bench of High Court comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal has set-aside the life-imprisonment awarded to Army jawan by the trial court in a murder case.
According to police case, on October 11, 2007 Sharda Devi, wife of the appellant, received severe burn injuries in an incident which took place in their house at village Marjhali under the jurisdiction of Police Station Gharota. She was rushed to Government Medical College Hospital, Jammu from where she was shifted to Army Hospital, Satwari. In her statement before succumbing to injures, she told the police that she was being subjected to harassment by her in-laws for want of dowry and on the fateful day she was set afire by them.
In the case, the then Ist Additional Sessions Judge Jammu convicted the accused and awarded him life-imprisonment. However, judgment of the trial court was challenged before the Division Bench.
After hearing Advocate JP Gandhi appearing for the accused person whereas Deputy AG ZS Wattali for the State, DB observed, “nothing in support of charge under Section 302 RPC against the appellant has been found in the prosecution evidence. Though it stands proved that the accused had been making demand for more dowry and causing harassment to deceased and for that trial court has rightly convicted and sentenced him under Section 498-A RPC but there is nothing beyond that”.
“In as much as there is no evidence even to show that the accused, who was serving in Army, was present in his house, the place of occurrence, at the relevant time”, the DB observed and accordingly set aside the conviction and sentence of the appellant under Section 302 RPC.
However, conviction and sentence under Section 498-A RPC was upheld and the appeal to that extent was dismissed.
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