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| 2 women among 5 acquitted in murder case | | | Early Times Report
Jammu, Aug 24: In a much publicized murder case in of 2005 on land dispute, Principal Sessions Judge Jammu Kartar Singh acquitted five persons of a family identified as Dilbagh Singh, Kewal Singh, Attar Singh, Chinta Devi and Kamla Devi, as prosecution evidence is replete with material contradictions, embellishments and improvements and the genesis of the occurrence has been intentionally and deliberately suppressed by the prosecution by concealing the material facts from the court.
According to the police case that on 31.5.2005, the complainant Suram Singh lodged a written report in the police station against Dilbagh Singh, Kewal Singh, Kulwant Singh, Avtar Singh, Dhananter Singh, Suraj Singh, Ramesh Singh, Kamla Devi, Chinta Devi and others stating therein that he is owner of piece of land measuring 3 kanals covered by survey No. 192-min situated at Channi Rama adjacent to the house of the accused. Dilbagh Singh and others wanted to grab the said land and in this connection a civil case was going on between them in the court and on 18.5.2005, the Additional District Judge, Jammu decided the case in his favour and directed the other party to remove the hutment and plinth constructed by them illegally from the land in dispute and not to interfere in his peaceful but despite of court order Dilbagh Singh and others were continuously threatening them. On 31.5.2005, he along with his friend Gopal Singh and younger brother Nagar Singh went to his own land for construction of boundary wall which was earlier covered with barbed wire, at about 12 noon, as they reached the spot and were about to start the work.
Dilbagh Singh and others had gathered in his land with prior preparation and common object to kill them. Dilbagh Singh and Suraj Singh were holding 12 bore guns in their hands and as soon as they started construction work in their land, all the above named persons started abusing and pelting stones on them. In the meanwhile, they shouted loudly and gave a lalkara to kill all of them and nobody would go alive from that place. Thereafter, Dilbagh fired at him and he saved himself by sitting down. Dilbagh Singh again fired at Gopal Singh who was hit by the pellets and fell down in a pool of blood and in the meanwhile Suraj Singh fired at his brother Nagar Singh who too saved himself by sitting down. They took the injured Gopal Singh in the vehicle of Pritam Singh to the hospital, whose vehicle was parked near the Airtel tower. The injured Gopal Singh died while being taken to the hospital and their vehicle was also damaged by the accused. On this police registered a case vide FIR No.100/2005 for the commission of offences falling u/s 302/307/148/149/323/427 RPC.
In 160 pages judgment Principal Sessions Judge Jammu Kartar Singh after hearing Special Public Prosecutor Sr. Adv Sunil Sethi for the state whereas Sr. Adv R.S. Thakur for the accused persons observed that the conclusion is inevitable that the prosecution evidence is replete with material contradictions, embellishments and improvements and the genesis of the occurrence has been intentionally and deliberately suppressed by the prosecution by concealing the material facts from the court. Had the investigating officers tried to investigate the case properly and find out the truth, it would have gone against the prosecution version and for the said reason, the true version has not been put before the court as proved by the prosecution itself. With these observations Court acquitted all the accused persons. |
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