DB sets-aside life-imprisonment of husband for murdering wife

02/07/2025

Jammu, Jul 1: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sindhu Sharma and Justice ShahzadAzeem set-aside life-imprisonment of one Maan Chand who was convicted by the Trial Court for murdering his wife Kanta Devi on suspicious that in his absence, deceased had developed extra-marital relations. The accused alleged to have also warned and counseled the deceased, but the deceased did not mend her ways.
Division Bench after hearing both the sides observed that In the wake of above discussed contradictions, improbabilities, discrepancies, improvements, conflicting opinion of the experts, etc, the justification of the trial Court that the testimony of PW-1 Des Raj is of sterling nature do not inspire confidence, as it loses sheen and withers away and is overshadowed by doubt and consequently, also renders the prosecution case unworthy of reliance.
DB arrived at the conclusion that the prosecution story is not free from reasonable doubt, in that event, as per the settled proposition of law the benefit of doubt belonged to the accused, which should have been granted by the trial Court. For the foregoing reasons, Division Bench is unable to concur with the findings of the trial Court, particularly when on every point under consideration we have noted deficiencies and flaws, which are staring at the heavy burden cast on the prosecution to prove the guilt beyond all shadow of doubt so as to rebut the presumption of innocence, which is a cornerstone of criminal jurisprudence, therefore, accused cannot be sent behind the bars by curtailing his liberty on the basis of such fragile prosecution evidence.
While giving benefit of doubt, Division Bench allowed the appeal and set aside the judgment of the trial Court order dated, 17.12.2015, passed by the Principal Sessions Judge, Udhampur, whereby the accused has been convicted for commission of offence under Section 302 RPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 6,000/- for committing murder of his wife, namely, Kanta Devi (hereinafter referred to as "'deceased') and in default of payment of fine, the accused shall undergo imprisonment for six months. DB further ordered that the appellant is acquitted of the charge.

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