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RAJNESH OSWAL
State of J&K – Appellant
Versus
Rajesh Kumar – Respondent
JUDGMENT :
1. This appeal has been preferred against the judgment of acquittal dated 31.05.2012 recorded by the learned Additional Sessions Judge, Jammu (hereinafter to be referred as ‘the trial court’) whereby the respondent has been acquitted of the charges for commission of offences under sections 306 and 498-A RPC.
2. The judgment has been impugned on the ground that the learned trial court has not rightly appreciated the evidence and has acquitted the respondent erroneously.
3. Mr. Pawan Dev Singh, learned Dy.AG appearing for the appellant vehemently argued that the learned trial court has not appreciated the evidence in its right perspective and brother, sister and sister in law of the deceased have clearly proved the prosecution case.
4. Percontra, Ms. Radha Sharma, learned legal aid counsel appearing for the respondent vehemently argued that the learned trial court has rightly passed the judgment as the prosecution has miserably failed to prove the case and further all the independent witnesses examined by the prosecution have not supported the prosecution.
5. Heard and perused the record.
6. The brief facts relevant for the disposal of this appeal are that on 03.09.2002, Sandiya
For a conviction under Sections 498-A and 306 RPC, the prosecution must prove that the accused's conduct constituted cruelty of such a nature that it compelled the victim to commit suicide, which req....
The prosecution must prove the case beyond reasonable doubt, and contradictory and unreliable evidence may lead to acquittal.
To convict under Section 306 IPC, there must be clear evidence of active instigation or facilitation of the suicide by the accused, which was not established in this case.
Conviction under Section 306 IPC requires direct evidence of intent or proximate acts by accused to abet suicide, with appellate courts deferring to trial findings unless clearly perverse.
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