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| Court acquits 2 brothers from charges of murder | | | Early Times Report
Jammu, Sept 1: Principal Sessions Judge Jammu Kartar Singh has acquitted Rajesh Kumar alias Bittu and Suinder Kumar alias Pappu sons of Puran Chand of RS Pura from a murder case after the prosecution failed to prove its charges. The Court after hearing Public Prosecutor Choudhary Shabir for the state and advocate Vishal Kapur for the accused took serious note of the functioning of then Investigating Officer ASI Mohan, Public Prosecutor and then SHO Kuldeep Khajuria and observed that criminal silence on the part of the PP and Mohan Lal ASI speaks volumes that both these material pieces of evidence have not been intentionally brought on the record by them in order to give benefit to the accused.
"How these material facts on which the foundation of the prosecution case was built, have been ignored is not understandable. The FIR alleged to have been registered by Kuldeep Khajuria SHO, is also based on the statement of the deceased but it has not been proved by the prosecution obviously for the same reasons stated above though he has appeared in the witness box," the judge observed.
"This is sheer negligence on the part of Mohan Lal ASI, Kuldeep Khajuria then SHO and the PP which is quite reprehensible. The prosecutor who does not act fairly and acts more like a counsel for defence is a liability to the fair judicial system," he added.
The Court held that the conclusion is apparent that the prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. "They are, therefore, acquitted of the charge framed against them," he ordered. The Court also ordered that a copy of this judgment be sent to Director General of J&K police Srinagar for his information and necessary action which shall be conveyed to the court. |
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