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| Prosecution failure leads to acquittal of 2 brothers in murder case | | | Et Report
Jammu, Aug 22: Principal Sessions Judge Udhampur AK Koul has acquitted two brothers namely Parkash Chand and Babu Ram sons of Puran Chand of Udhampur in a murder case after prosecution failed to prove its case.
According to the police on 25 February 2010 a source report was received in police station Rehmbal that the body of deceased was lying in a nallah near Jungal Galli. It was suspected that the death of the deceased was homicidal and so instant case was registered.
The Court hearing Public Prosecutor Navneet Gupta for the state and advocate Pawan Kumar Jaindial for the accused observed that the thrust of the prosecution has been on the fact that the accused were seen around the place of occurrence in the late hours before the occurrence and so there is a possibility that they must have killed the deceased.
"It is in the prosecution evidence that the watermill of accused was just adjacent to the watermill of deceased and so their presence at or around the place of occurrence is natural. PW-4 Raj Kumar says that he saw the accused coming from their watermill towards the watermill of deceased and he found the accused proceeding towards their home and so if accused were found near the place of alleged occurrence it does not probablize the fact that they had gone to kill the deceased. The prosecution evidence does not appear to be of sterling worth so as to create a doubt free nexus between the accused and guilt," the court observed.
"There are so many suspicious patches in the prosecution evidence that leave the court with no option but to observe that the guilt has not been brought home to accused beyond all shadows of doubt.
There are so many doubtful aspects in the case some of which are so reasonable that the court is constrained to extend the benefit of these doubts to accused. So the prosecution case fails and is accordingly dismissed. The accused are acquitted while being given the benefit of doubt," the judge ordered. (JNF) |
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