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Court acquits murder accused
2/17/2013 12:05:04 AM
early times report
Jammu, Feb 16 (JNF): Principal Sessions Judge Kathua, M K Hanjura acquitted a murder accu-sed taking serious note of the prosecution witnesses and issued notice to them for giving false evidence.
According to police, on October 23, 2010, the accused Ravinder Sharma, drove his tipper inside a crusher plant at Kishenpur Kandi Chan Arorian for loading crashed stone. A number of tippers were there in a queue and were waiting for their turn.
"The accused broke the line and exchanged heated words with Gurpreet Singh another tipper driver. He reversed the tipper up to a distance of 30-40 feet and drove it forward at high speed and knocked down Gurpreet and crushed him under the front and rare wheels of the tipper," police said.
Police registered a case and after completion of the investigation presented challan in the court.which after hearing Public Prosecutor Ravi Kumar Gupta for the state and Advocate Himanshu Sharma for the accused, observed that the witnesses examined
by the prosecution have not stated anywhere in their statements, that they saw the accused committing the crime.
"There is nothing in their statement to connect the accused with the crime. It appears that there has seen a complete volte-face by almost all the witnesses examined by the prosecution in the instant case. They have made a U-turn and deny even such occurrence having taken place at all in their presence. They have not the supported the prosecution version," the court said.
"They have simply smashed the prosecution case in its entirety. Under these circumstances when the witnesses have taken the very scaffolding of the prosecution case and demolished the prosecution edifice of prosecution case straight away merit to the acquittal of the accused and accused is acquitted of the charges levelled against him and released him from the custody," the court observed.
While acquitting the accused, the judge took serious note of the statements of the prosecution witnesses Balvinder Singh, Veer Singh, Jasvinder Singh and Rajesh Kumar which had been recorded u/s 164-A CrPC.
In their statements, they had pleaded the occurrence of the event and subsequently, did U-turn by stating that occurrence took place at a different mode and manner.
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