J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene

The Jammu & Kashmir High Court acquitted a man convicted for murder, pointing to multiple shortcomings in the prosecution's case, including variations and contradictions in the initial report and testimony of key witnesses and conflicting accounts of the type of weapons used, the manner of assault, and nature of injuries.The court also expressed concern over the prosecution's failure to address why the accused, allegedly present during the fire, did not rescue his 2½-year-old son from the flames.It observed that “the trial Court's failure to address this aspect in its judgment overlooks the natural and powerful paternal instinct,” referencing Aristotle's Nicomachean Ethics, highlighting the profound bond between parent and child.A Bench of Justice Shahzad Azeem and Justice Sindhu Sharma while allowing the appeal noted many serious lapses and inconsistencies in the prosecution's case, calling the evidence “fragile” and “unworthy of reliance.”The bench pointing out the discrepancies in recovery of the alleged weapon of offence and unexplained delay in sending the special report to the Magistrate, post-mortem conducted in a private house with contradictory statements by the doctor and the investigating officer.It said that the post-mortem report was issued after a delay of 22 days without explanation, raising concerns about its credibility and there was no examination of the weapon of offence by the medical expert, weakening the prosecution's linkage between injury and weapon.The court also concluded that the contradictions as to the date and time of arrest of the accused and visits by police officers to the crime scene and failure to produce crucial prosecution witnesses without valid reason heavily weakens prosecution case.The Court emphasized that the presumption of innocence is a cornerstone of criminal jurisprudence, and the burden lies heavily on the prosecution to prove guilt beyond all shadow of doubt. In this case, the prosecution's case was riddled with inconsistencies that failed to meet that standard.The court concluded that “the testimony of witness termed 'sterling' by the trial court, loses its sheen in light of the glaring contradictions and cannot alone sustain a conviction.BACKGROUND: The accused as per prosecution was arrested after an FIR was lodged by the brother of the deceased, alleging that in the early hours of the same day, the accused (husband of the deceased) brutally assaulted his wife with a wooden stick and sickle, poured kerosene oil, and set her and her bedding on fire, resulting in her death.PW-1 escaped and informed others, but by the time they returned, the accused had fled. Police registered the FIR and conducted a detailed investigation, including recovery of the murder weapons, seizure of burnt materials, and recording of witness statements.The prosecution alleged motive of suspicion of extra-marital affair, and the accused was charged under Section 302 RPC. He denied the allegations and claimed false implication but led no defense evidence.APPEARANCE: Anmol Sharma, Advocate for PetitionersRaman Sharma, AAG with Ms. Saliqa Sheikh, Advocate for Respondent.Case-Title: Maan Chand vs StateCitation: 2025 LiveLaw (JKL) 254Click Here To Read/Download Order

J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene

Aleem Syeed

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