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| Prosecution failure leads to acquittal of four in murder case | | | Jammu, July 8: Principal Sessions Judge Jammu RS Jain today acquitted Anchal Kumar, SwaranLal, Sunil Kumar, Tilak Raj and Vickey Kumar from the charges of murder as prosecution failed to prove the guilt of accused beyond reasonable doubts.
According to the police case that on 18.6.2008 at 7 PM at Phinder, tehsil R.S.Pura, accused formed an unlawful assembly and unlawfully entered into the house of complainant Naresh Kumar where accused Anchal Kumar committed murder by intentionally causing the death of Koshal Kumar by firing a shot from rifle .303 belonging to accused SwarnLal and thereby committed offence u/s 302/147/452 RPC/3/25 Arms Act. FIR No. 90/2008 for offence u/s 302 was registered in police station Bishnah, Jammu.
Principal Sessions Judge Jammu RS Jain after hearing Adv Prince Khanna appearing for the accused persons observed that there is no virtually no evidence on record and further trial would be an exercise in futility that the accused committed the offence. It is a settled principle of law that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubts by cogent and clear evidence. In the present case, prosecution has failed to prove the guilt of accused beyond reasonable doubts, as such, accused Anchal Kumar, SwaranLal, Sunil Kumar, Tilak Raj and Vickey Kumar are acquitted. (JNF) |
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