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| Court acquits accused, directs SSP for initiating proceedings against IO | | Death of Sessions Judge in mishap | | early times report
Jammu, Sept 17 (JNF) : Principal Sessions Judge Kathua MK Hanjura allowed an appeal against the conviction and sentence of appellant Ritesh Kumar alias Bitu and set-aside the sentence awarded by the Trial Court and acquitted the accused from the charges u/s 279/337/338/304-A RPC and directed SSP Kathua for initiating proceedings against IO. According to the Police case that on June 9, 2003 at 7:45 AM an information was received from reliable source at P/S Kathua that due to an accident many passengers of Bus and car got injured and in the accident RK Magotra then Principal District & Sessions Judge Kathua and Pushpa had died and 20 persons were injured and after completion of investigation challan was presented in the Court of law. On January 28, 2012, District Mobile Magistrate awarded 2 years imprisonment and fine Rs 5000 to Ritesh Kumar @ Bitu driver of Video Coach u/s 304-A RPC .
Principal Sessions Judge Kathua MK Hanjura after hearing both sides observed that the counsel for the accused submitted that the accused was never identified during the trial.
Law cited in defense has been completely ignored which has caused pre-judice to the accused and there are other grounds also and he has not been identified to be the person who was driving the Vehicle.
While setting-aside the conviction of the appellant, Principal Sessions Judge Kathua MK Hanjura further observed that links of appellant as is reiterated here have not been connected with the crime. He has not been identified to be the person who was driving the Vehicle.
Under these circumstances, even if be assumed that the offending Vehicle was driven rashly and negligently, which, however, is not borne from the record, the mystery as to identify of the person who drove that Vehicle has not been unravelled. Principal Sessions Judge Kathua MK Hanjura took serious note of the investigation and the case and observed that investigation of the case has been conducted in a cursory manner. This requires a thorough probe and asked the SSP Kathua for initiating appropriate proceedings against him. With these observations Court acquitted Ritesh Kumar alias Bitu from the charges after nine years investigation and trial. |
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