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Court acquits two accused facing trial in murder case
4/26/2008 10:35:56 PM
Early Times Reporter
Jammu | Apr 26
1st Additional Sessions Judge Jammu Mr. Puneet Gupta has acquitted Karan Singh and Zalim Singh sons of Krishan Singh r/o Daramkhoo Tehsil Jammu, who were facing trial in allegedly committed murder of one Narayan Singh s/o Kabla Singh of village Dharampur on October 7, 2003, as prosecution has failed prove its case against the accused beyond any shadow of doubt.
According to the prosecution story on October 7, 2003 at 7.45 pm when Narayan Singh was on his way back after watching Dangal, he was intercepted by the accused who had long standing enmity with Narayan Singh and attacked with ‘parthies’ on the head with the intention to kill Narayan Singh. Some people of the area came on spot when Nanak Singh tried to intervene in the matter also received injuries on the left palm of his hand, the victim Narayan Singh died on the way to hospital. A case u/s 302/34 RPC was registered with P/S Gharota. After completion of the investigation challan was present in the Court.
In the 30 page judgment, 1st Additional Sessions Judge, after hearing both the sides and going through the statements of the witnesses and medical report, observed that when very variance in the statements of the prosecution witnesses appear about the accused being armed with weapon of offence after alleged occurrence took place, no link can be said to have been established by the prosecution connecting accused with the commission of offence. The other feature of the case that the alleged weapon of offence was blood stained is not also clear. Prosecution witness Pal Singh, the witness to recovery of weapon, has deposed that weapon was blood stained when recovered but Dr. LD Bhagat has deposed otherwise. If the weapon was blood stained at the time of recovery how come weapon lost stains when it was shown to doctor on November 28, 2003; in fact of this situation how the destruction of evidence can be attributed to the accused in addition to that the conduct of so called eye-witnesses as well as their presence is doubtful as IO had deposed that he did not spot Gopal Singh, Rakesh Singh and Pritam Singh in the hospital nor he spotted them at the place of occurrence. With these observations Court acquitted the accused from the charges framed against them u/s 302/201/34 RPC. JNF
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