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| Court acquits army personnel from murder charges | | | Early Times Reporter
Jammu | May 7
2nd Additional Sessions Judge Jammu Mr. AK Koul today acquitted Tilak Raj, army personnel from murder charges after 10 years of investigation and trial as the prosecution has failed to prove its case. The accused had allegedly committed murder of his colleague Ramu on July 20, 1998 at Gandhi Nagar Jammu.
According to the prosecution story on July 20, 1998 Captain Satinder Pal Singh lodged a written complaint in P/S Gandhi Nagar alleging therein that signal man Ramu (deceased) had gone to his residence at Gandhi Nagar Jammu at about 1700 hours along with accused driver in a jeep to carry the captain to his unit. At about 1720 hours the complainant heard a gun-shot and when he came down the stairs, the driver accused came running towards him and told him that deceased had shot himself. A case u/s 307 RPC and 3/25 Arms Act was registered. The investigation of the case followed and in the meantime deceased succumbed to the gun-shot injuries on September 29, 1998, so offence u/s 307 RPC got substituted by section 302 RPC. After completion of the investigation, challan was presented in the Court.
2nd Additional Sessions Judge, after hearing APP appearing for the State and Adv OP Sharma appearing for the accused, observed that Col Nagpal while she was posted in Military Hospital Jammu and attended the deceased on July 20, 1998, has stated that deceased told her that he has been shot at by accused. This is the only incriminating evidence existed on the record. Court questioned that this piece of evidence prove against the accused is only debatable question. It can be argued for a moment that this part of statement of witness could be considered as dying declaration but Court has strong reservation about it. It could be any thing but not a dying declaration. It is believed that truth sits on the lips of a dying man. A general principle is that this aspects of evidence is admitted on the basis that such declarations are made in extremity when the party is at the point of death and every hope of his survival are gone. As per the statement of Col Nagpal it was on July 20, 1998 when deceased told her that accused shot him. The deceased died on September 29, 1998, which means after a period of more than 2 months. Court again raised a question that can a person be said to have made a dying declaration who dies after more than 2 months of making such declaration, Court supposed not, and said that generally a person on the death bed whose chances of survival are virtually gone, is expected to speak truth but here the deceased had died after two months and how can his declaration made two months before his death be considered dying declaration when his chances of survival were still there.
While acquitting the accused from the charges 2nd Additional Sessions Judge observed that accused is under going a traumatic experience for the last one decade, from police to Courts and back to police, is all what he has been doing during this time. After a number of hiccups, the case got through for trial and after conclusion of trial it appears that entire exercise conducted has ended in futility. A reference to facts, various stages of investigation and post investigation details, is necessary to understand the ordeal accused has faced since 1998. JNF |
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