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| Court acquits two women from charges of murder | | | early times report
Jammu, Feb 7 (JNF): Principal Sessions Judge Udhampur AK Koul today acquitted two women who were facing trial in the murder case since 2011.
Principal Sessions Judge AK Koul after hearing Adv Jarnial Singh appearing for the accused whereas PP Navneet Gupta for the state, observed that at the risk of repetition it is worth mention that prosecution has examined a number of witnesses but the quality of evidence is extremely poor.
"The prosecution appears to have failed to link the accused with the commission of crime convincingly. Even if there is a grave suspicion about the complicity of accused in the commission of this crime but the suspicion cannot take the place of proof, court observed and further added, "scientific experts have not entered the witness box and their reports are so nothing more than inadmissible evidence.'
Court is of view of that the circumstances which were relied upon by prosecution have not been proved satisfactorily and facts are found to be incompatible with the innocence of the accused or guilt of any other person but here the prosecution has failed to create a complete chain of evidence to connect the accused with the crime. Thus the case fails and is accordingly dismissed. Accused are acquitted of all the charges.
According to the police case that on September 25, 2011 the dead body of Raghubir Singh was lying at Nimblan Ramnagar. Since the death of deceased was found to have taken place in suspicious circumstances the proceedings u/s 174 CrPC were initiated to ascertain the cause of death of deceased.
During postmortem it was found that the death of deceased was caused due a head injury and in the mean time one Vikas Dogra got his statement recorded wherein he stated that he was having illicit relationship with acc-used No.1 since last one and a half year. He also revealed that on May 28, 2011, at about 8.30 pm accused No1 told her that deceased had come to her home in an inebriated condition for having access to her and she being fed up with him, would kill him. Though he (Vikas Dogra) advised her not to do so but at about 12.30 pm accused No1 confessed that she had killed the deceased with a lathi and had thrown his dead body out on the road side with the help of accused No.2. On the basis of this statement of Vikas Dogra and the postmortem report a case u/s 302/34 RPC was registered and after completion of investigation challan was presented. |
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