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| Court acquits six accused facing trial in Murder Case | | | | Jammu, Dec 20 : Principal Sessions Judge Kathua AK Koul has acquitted six accused who were facing trial in murder case on land dispute due to serious flaws in the prosecution story. According to the case, on June 24, 2005, a written report was lodged by complainant, alleging therein that on June 23, 2005 at 9 p.m, accused came in a white Tata Sumo, barged in her house and kidnapped her husband while he was asleep. She tried to rescue him but accused twisted her left hand and also threatened her and went away. This report led to registration of case to be followed by investigation. Investigation revealed that there was a long standing land dispute between the parties which finally culminated in this occurrence. After completion of investigation challan was presented in the Court of law. After hearing both the sides, Principal Sessions Judge Kathua AK Koul observed that the fact that the witnesses cannot be disbelieved simply for the reason that they are related to each other but here the situation is some what different. We have the testimony of three witnesses who are the son and his parents. No other witness has supported their version. Even their testimony when read conjointly does lead to irresistible conclusion that these witnesses are simply interested in retrieving their land from accused or preventing them from wrongful occupying their land and suppose this case has been filed against the accused simply to mount pressure on accused to surrender their claim, if any, on the disputed land. There are serious flaws in the prosecution story which leave the court with no option but to observe that the case does rest on sound footing and so the criminal liability cannot be fastened on the accused in the given situation. The truthfulness of the prosecution version cannot be certified nor does the story put forth appear to be probable, given the facts on record. So the case fails and is accordingly dismissed. Accused are acquitted of all the charges while being given the benefit of doubt.(JNF) |
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