1. This acquittal appeal is directed against the judgment and order dated March 15, 1988, passed by the learned Sessions Judge, Rajouri, acquitting the accused-respondents of the offences under Sections 302/201/34 RPC.

2. Brief facts necessary for disposal of the appeal are; that on June 28.1985, Sadhu Ram alongwrth Tilak Raj lodged a complaint in Police Station, Nowshera, alleging therein that Mst. Sudesh Kumah W/o Hans Raj had died due to drowning in the nallah. The SHO of the police Station, upon this information, visited the spot alongwith the doctor and started inquest proceedings under Section 174 Cr.PC. The police on spot seized one tin, chappel and binna from near the spring in the Nallah. The doctor conducted the post-mortem on the dead body of the deceased which was later handed over to the heirs of the deceased for cremation. On June 29, 1985, Krishan Lal, father of the deceased also presented a complaint to the police alleging therein that Hans Raj, Tilak Raj, Ram Piyari, Kailash Kumari and Mst. Sona, used to beat the deceased for not having brought dowry and also because the deceased could not give birth to a child. He had suspicion that her daughter had been murdered either by strangulation or by poisoning by the said person during the intervening night of June 27th/28th, 1985 and had thrown the body into Dabar of the nallah. The police, upon this information, registered a case under Section 302 RPC and continued to hold the inquest proceedings till July 21. 1985. The Investigating Officer on July 23,1985 recorded the statements of the witnesses and accused were taken in custody under Section 302/34 RPC. Some aggrieved persons of the locality, not satisfied with the investigation being conducted, approached the Superintendent of Police, Rajouri, who transferred the investigation to the Crime Branch, Jammu and the investigation came to be conducted partially by Inspector Tej Ram Dogra of the Crime Branch. He during investigation, also added offence under Section 201 RPC. The police presented the chargesheet against accused persons in the court under Sections 302/201/34 RPC. The accused pleaded not guilty and were tried accordingly.

3. The trial court on appreciation of evidence, collected during investigation and produced before the court during trial, came to the confusion that the prosecution had failed to prove the case and acquitted the accused.

4. We have heard learned counsel for the parties, perused the memorandum of appeal, the impugned judgment and other evidence on record.

5. The prosecution has tried to prove guilt against the accused by production of circumstantial evidence, extra-judicial confession made by the accused and medical evidence with corroborative evidence of disclosure statement made by the accused Hans Raj and subsequent recovery of Duptta-incriminating evidence for causing the death by strangulation by using Dupatta.

6. To bring a round the guilt against the accused on the basis of circumstantial evidence, prosecution has examined Sewa Ram, Sardar Chand, Des Raj, Joginder Singh and Jethu Ram, before the trial court. Except Joginder Singh and Jethu Ram, all other witnesses are close relations of the deceased. Sewa Ram has stated that he alongwith Joginder Singh was coming to Dabar on June 28,1965 at 4 P.M. when accused met them in the way. They saw accused Hans Raj, Tilak Raj and Ram Lal carrying the deceased on a cot whereas Ram Piyari was having a tin in her hand. On enquiry by Joginder Singh, accused Hans Raj told that Sudesh Kumari was ill and was being taken to the doctor. Joginder Singh called Sudesh Kumari but he could not get any reply. He has further stated that this incident was narrated to the SHO next day who came on spot whereas Joginder Singh contradicts it and has stated that the next day or even the third day the SHO had not come on spot. Des Raj has stated that while he was coming back to his house, after attending some marriage, he happened to pass by the house of the ac

Click Here to Read the rest of this document