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| Lifer awarded by Trial Court set aside, murder accused acquitted | | Defective Investigation | | Early Times Report
Jammu, June 24 : A Division Bench of state High Court comprising Justice Virender Singh and Justice Mohammad Yaqoob Mir set-aside the life-imprisonment awarded by Sessions Court Kathua in murder case after 17 years trial and investigation and acquitted the accused Tara Chand from the charges leveled against him.
According to the case set up by the prosecution, deceased Pardeep Singh alias Guddo was running a tea stall near CTM (Chenab Textile Mill), Kathua. One Dwarka Nath was his friend.
Dwarka Nath allegedly had enmity with accused Tara Chand. He was beaten which was objected to by the deceased. Based on which the accused is said to have developed enmity with the deceased. On the fateful day on closing the shop the deceased along with Ranbir Singh, Dwarka Nath and Jaswant Singh left for home. While proceeding they reached near the house of the accused, who came out of his house and attacked the deceased with a knife. He gave three knife blows one on head, second on neck and third on belly of the deceased and then ran away. On this police registered a FIR NO 208/1997 u/s 302 RPC and after completion of investigation presented challan in the Court on August 18, 1997 and in the year 2010, Trial Court awarded life-imprisonment to Tara Chand for committing murder of one Pardeep Singh.
Division Bench observed that there were major contradictions in the statements of the witnesses, position of the witnesses being relative witnesses have to be analyzed and appreciated in the background of the particular facts of the particular case. Division Bench concluded that the prosecution has not succeeded in proving the case beyond doubt. Grave inconsistencies, embellishment, concoction and contradictions as noticed herein above in detail; persuade Division Bench to hold that the accused is entitled to the benefit of doubt.
Accordingly, appeal is allowed, judgment and order of sentence impugned are set aside, the reference for confirmation of life imprisonment as made under Section 374 Cr.P.C. as such is answered and acquitted the accused. |
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