STATE TIMES NEWS
JAMMU: A Division Bench (DB) of the State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar set-aside the death sentence of Subash Chander in murder of his wife Sunita Devi and acquitted him from all the charges.
After hearing both the sides, the DB observed that insofar as the presence of sand particles in windpipe are concerned, no definite answer can be given as to whether these were present because of forceful drowning or accidental drowning. In fact, the prosecution has not been able to elicit any information from the concerned doctor as to whether the injuries were ante mortem or post-mortem. In other words, all the injuries that are present on the body of the deceased cannot stated to be ante mortem or post-mortem. This being the case, it does not appear that the prosecution has been able to rule out the possibility of the death of Sunita Devi being accidental.
DB further observed that the aspect with regard to the conduct of the appellant which was sought to be highlighted by the counsel for the State was that he was carrying a polythene bag containing the garments of the deceased and ladies Chappals belonging to the deceased when he met prosecution witness Mohinder Kumar and it appears that he was more concerned of these rather than his wife.
Consequently, DB observed that this argument cannot be raised because it is quite possible that as the deceased was bathing and had left her clothes on the bank of the river, the appellant picked them up so that when her body was found or she get rescued, she could be immediately draped in the clothes.
On examining the postmortem examination report and the conduct of the appellant, it cannot be said with certainty that the death of Sunita Devi was homicidal”, the court observed adding the possibility of the death being accidental cannot be ruled out.
“The benefit of doubt will have to go to the appellant insofar as the offence under Section 302 RPC is concerned. The appellant/accused is acquitted of the charges. The impugned judgment and the order on sentence are set aside. He is at liberty to leave the Court and is free to go home”, the court observed.
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