PRESIDENT NARI JAGARN MANCH Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
President Nari Jagarn Manch
STATE OF JANDK
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ARUN KUMAR GOEL, J. -
(1.) KEEPING in view the controversy involved in this case, it was agreed between the learned counsel for the parties that this petition
needs to be disposed of at this stage only. Accordingly, this petition is
admitted and is being finally disposed of.
(2.) FACTS which are not in controversy, are that respondent No.3 Vikram Malhotra was married to Smt. Ashu Malhotra on 31st Jan, 1998. Mrs.
Ashu Malhotra since deceased, was found hanging with a fan at her
matrimonial home on the evening of 24th July, 1998, This fact was noticed
by her husband i.e., respondent No.3. It is further not in dispute that
before anybody could arrive at the spot, respondent No.3 had brought down
the dead body of his wife by cutting the Dupatta from the fan. It is
further not a dispute that after the postmortem of the body of the
deceased, she was cremated.
(3.) MEANWHILE on 25th July, 1998 around 10. A.M. information was received at Police Station Gandhi Nagar, Jammu, regarding the death of
Ashu Malhotra wife of Vikram Malhotra resident of 701 -A, Gandhi Nagar,
Jammu, having died under suspicious circumstances on the previous evening
i.e. 24th of July, 1998. Report No. 9 was entered in Daily Diary
register. Proceedings were undertaken by the police under section 174 of
J&K Cr. P.C. and as observed earlier herein, postmortem was got conducted.
Treating it to be a case of suicide by hanging, investigation was undertaken by the police. According to the prosecution case, during
investigation it was revealed that the deceased was abetted to commit
suicide by her husband i.e. respondent No. 3 Vikram Malhotra.;
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