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| Sessions Court Kathua acquits murder accused | | | et plus report
Jammu, Mar 19 (JNF): Principal Sessions Judge Kathua MK Hanjura has acquitted one Subash Chander who was facing trial in an alleged murder case of one Sagar Chand as prosecution failed to connect the accused with the crime.
According to the police on June 27, 2010 the accused obliterated the boundary of the land of Sagar who took an objection to it. This infuriated the accused who abused the victim. “Sagar asked the accused to behave properly. On this accused inflicted a blow with an iron rod on his back as a consequence of which he sustained serious injuries. He shifted to District Hospital Kathua where he succumbed to the injuries,” police claimed.
On the written report of brother of deceased, police registered a case u/s 302/447 RPC and after completion of investigation presented challan in the Court and on September 9, 2010 charge was framed against the accused.
The Court after hearing PP Ravi Kumar Gupta for the state and Advocates Adarsh Sharma and TN Gupta for the accused, observed that the prosecution case was doubtful as the statement of Medical Officer who had stated that injuries sustained by the deceased could not be possible by a single blow. “He has proceeded to the state that the blow might have been given to the deceased on his chest,” it said.
The Court further observed that the medical opinion therefore, is not in tune with the prosecution case and held that there is no reliable evidence on record that could be considered by the Court for holding that the prosecution has succeeded in bringing the guilt of the accused him to him and acquitted the accused.
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