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Prosecution failure leads to acquittal in murder case
7/2/2014 11:16:56 PM
Jammu, July 2: Principal Sessions Judge Jammu RS Jain today acquitted Naushad Khan of Akal Tolaof Bihar presently at Trikuta Nagar Ext, Jammu who was facing trial in murder case of one Behhari lal for only Rs 3500/- as prosecution has failed to prove the murder allegations s/o Attar Khan r/o Akal TolaTehsil and Distict Saiwang, Bihar at Present Trikuta Nagar Ext., Jammu who was facing trial in murder case of one Behhari lal for only Rs 3500/-, as prosecution failed.
Principal Sessions Judge Jammu RS Jain after hearing Adv AP Singh for the accused whereas Public Prosecutor Shabir Choudhary for the state, observed that court is of the opinion that the accused is to be given the benefit of doubt as the prosecution has failed to prove the charge against the accused person for the offence under Sections 302 RPC. In this background, accused Naushad Khan is hereby acquitted of the charge under Sections 302 RPC and directed to release him if he is not involved in any other case.
According to the police case that during interrogation, accused Naushad Khan informed the IO that on 20.6.2011 at 9.30 P.M., he had called the deceased BehhariLal and both of them had gone to Preet Nagar, Gangyal. Accused also informed that he had taken hammer whose handle is made of PVC pipe and he had suspicion that deceased BehariLal was in possession of large sum of money and due to this reason he called BehariLal and taken him to the house of SumitKour situated at KC Colony where accused Naushad Khan was working as a mistry as well as night watchman. He took BehariLal to second story of the aforementioned house and with the intention to murder BehariLal, accused threw BehariLal from the second floor. Since there was sand and Bajri lying on the ground, BehariLal did not die and was trying to get up whereupon accused came down stairs and accused hit BehariLal with a big stone and thereby murdered BehariLal. Thereafter during the search of BehariLal, the accused took out Rs.3500/- from the vest pocket of deceased BehariLal and hid the wallet containing voter card and photo of deceased and also hid the stone with which he had murdered BehariLal in the bushes. After completion of investigation challan was presented. (JNF)
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