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| Court acquits accused from murder charges as insensitive approach of IO | | | Et Report
Jammu, Aug 27 : Principal Sessions Judge Udhampur AK Koul acquitted Kamal Singh who was facing trial in murder case, as insensitive approach of the investigating officers of the case has the twin effect of failure of case.
Principal Sessions Judge Udhampur AK Koul after hearing Public Prosecutor Navneet Gupta for the state whereas Ishwar Lal Thakur appearing for the accused person and gone through case filed by the police observed that on June 17, 2011 an information was received in police Station Basantgarh that the dead body of Sher Mohd was lying in river Ujh. Since the cause of death of deceased was not known so proceedings under section174 Cr.PC were initiated. During the investigation the statements of some witnesses were recorded in terms of section 175 of Cr.PC and from the evidence so collected it came to the fore that the son of the deceased was involved in militant activities in the year 2003 and during that period he killed the brother of the accused and to avenge the death of his brother the accused committed the murder of the deceased on June 7, 2011 and dumped the dead body in the river. After completion of investigation challan was presented.
Court further observed that the evidence on record does not even remotely connect the accused with the commission of crime.
The prosecution version has been falsified by the prosecution witnesses only. No question of indicting or punishing an accused arises simply on account of heinousness of the crime or gruesome manner in which it was found to have been committed. Mere suspicion is no substitute for the legal proof required to substantiate the charge of commission of crime. The case at hand reveals the casual approach of the investigating agency in carrying out the investigation to its logical end in a meaningful manner and this insensitive approach of the investigating officers of the case has the twin effect of failure of case and accused having been pushed to a situation which has cost him more than two years of his liberty. With these observations Court acquitted the accused person from the charges leveled against him. (JNF) |
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