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| Court acquitted accused from murder case | | |
Jammu, August, 08 :-Second Additional Sessions Judge Jammu Mr. Ashok Kumar Koul has acquitted Radhey Sham from the charges of murder which was took place on April, 2001.
According to the prosecution case one Chhote Lal lodged a verbal report in P/P Dagiana; he was putting in jhugi at Rani Talab Dagiana. He left his jhugi in the morning in search of work leaving his minor son Raju (deceased). On his return in the evening he found his son was missing. A dead body was found on the roof top of a house in a bag with a rope tide around his neck. Post mortem was conducted and investigation was started, during investigation, the accused Radhey Sham and Santosh was arrested. One of the accused Santosh found below the age of 16 years accordingly the Challan was bifurcated, which was tried by the Juvenile Court and Radhey Sham’s Challan was presented in this Court.
In the 13 pages judgment Mr. AK Koul Second Additional Sessions Judge Jammu after hearing APP Mr. Ravinder Sharma Gupta and Adv MM Gupta appearing for the accused, observed that entire evidence taken cumulatively does not in the opinion of the Court established that the death in this case was homicidal, but who was responsible for this crime, is not proved. The entire exercise which conducted by the Investigating agency and the prosecution almost five years has ended in futility. The case as is manifest is based on circumstantial evidence and about circumstantial evidence what is necessary is, that each fact must be established independently and convincingly. In this case what is regrettable is that the main issue has escaped the attention of investigating agency. It does not appeal to ordinary prudence as to how the IO laid hands on accused and how did he conclude complicity of accused in commission of crime. Is mare recovery of a peace of rope in absence of any other supporting evidence sufficient to hold accused guilty? The answer would be no. More serious the charge, more strict must be proof. But the evidence which could link the accused with the crime is missing. There are so many links missing in this case which ultimately contribute to the failure of this case. With these observations Court acquitted the accused from the murder charges as the prosecution seems to have failed miserably to bring home the guilt against the accused. JNF
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