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| Court acquits son from charges of murdering father | | | Et Report
Jammu, Sept 28: Principal Sessions Judge Udhampur A K Koul today acquitted Biru resident of Ladda Udhampur who was facing trial in murder case of his father.
The Court also issued perjury Mani Ram, Shanoo Devi and Vaishno Devi and issued show cause as to why they should not be tried summarily and punished for deposing contrary to their statements recorded u/s 164-A Cr.PC by Magistrate First Class Chenani.
According to the police on 29 November 2012 a telephonic message was received in police station Chenani that the dead body of Raju (hereinafter referred to as deceased) was laying in his house. On receiving the information police party proceeded on spot and found that deceased had severe sharp weapon injuries on his head and legs. On preliminary inquiry the police came to know that on the night intervening 28/29 December 2011 the accused had repeatedly assaulted his father/deceased with an axe and the later succumbed to injuries on spot.
The Court after hearing both the sides observed that prosecution witness Shanoo has turned hostile though during her statement under section 164-A Cr.PC, she had supported the prosecution version. "But during her statement at trial she says that she was not present on spot nor was accused there at the relevant time. She goes on to say that her statement under section 164-A Cr.PC was the outcome of police pressure. This is enough about her statement," the court observed.
"She has changed colours like chameleon, being unmindful of the fact that a person who was dead was her husband. Probably she was under compulsion because her husband was no more and how could she see her son on gallows.
The other witnesses examined by prosecution have also not supported the prosecution story as was expected of them. PW Mani Ram has turned hostile and has refuted the suggestion that he was informed by the wife of the deceased that accused killed the deceased.
He too states that he was forced by police to give the statement against the accused under section 164-A Cr.PC. with these observations court acquitted the accused," it further observed.
Before parting with it is necessary to put on record that the conduct of prosecution witnesses Mani Ram, Shanoo and Vaishno Devi has been reprehensible.
"They have changed stands from time to time and have deposed at trial completely in conflict with their versions recorded under section 164-A Cr.PC before the Magistrate in exercise of powers under section 479-B Cr.PC, read together with section 479-A Cr.PC the witnesses Mani Ram, Shanoo Devi and Vaishno Devi, are put on notice to show cause as to why they should not be tried summarily and punished for deposing contrary to their statements recorded u/s 164-A Cr.PC by Ld. Magistrate First Class Chenani," the judge said. "Notices be accordingly issued to them through SHO police station Chenani. Separate proceedings be drawn against them which shall be listed for further proceedings on 29.1 0. 2013," he ordered. (JNF) |
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