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| Court acquits accused facing trial in alleged murder case | | | Early Times Reporter
Jammu | July 21
The 2nd Additional Sessions Judge Jammu today acquitted accused Vijay Kumar alias Puppy who was declared absconding and subsequently surrendered before the trial court after initiation of proceedings u/s 512 Cr. PC, three other alleged accused namely Dev Raj, Baldev Raj and Sunil Kumar were acquitted from the charges on October 13 last year.
Initially the Bishnah police had registered case u/s 279, 337 RPC (accident), and the accused persons were charged u/s 304-II r/w section 34 RPC, which was challenged before the High Court. The High Court had directed Trial Court for framing charges u/s 302/34 RPC.
According to police case, one Amrik Singh while driving a scooter met with an accident at Laswara and got seriously injured was admitted to GMC Jammu. A case u/s 70/2002 u/s 279/227 RPC was initially registered and the investigation was entrusted to ASI Joginder Singh. The injured was shifted from Bishnah Hospital to GMC Jammu in the meantime the statement of the injured was recorded in the Hospital who narrated that on June 30, 2002, he was attacked by accused persons who were accompanied by 10/12 persons armed with lathes and as a result of assault he fell unconscious. This statement of injured Amrik Singh appears to have been signed by him and attested by the Doctor. Later on, the injured Amrik Singh succumbed to his injuries in the hospital on the very next day. After the investigation, the challan was presented in the Court of law in which the Trial Court framed charges u/s 304-II r/w 34 RPC which were challenged before the High Court. The High Court directed trial court for framing of charges u/s 302/34 RPC, but before the accused persons could be charged, one of the accused namely Vijay Kumar alias Puppy absconded from the Trial and he was proceeded u/s 512 Cr PC, while the remaining three accused were charged u/s 302/34 RPC. These three accused were acquitted of the charges by the Trial Court on October 13, 2007, thereafter absconder Vijay Kumar alias Puppy surrendered before the Court for facing trial.
Court after hearing both the sides acquitted the accused from the charges of murder. Referring various judgments of the Supreme Court, the court observed that the evidence put forth by the prosecution is lacking credibility and contradicts each-other and does not prove a connecting link between the accused person and offence. Regarding the dying declaration, Court said that in this case the dying declaration has so many inherent infirmities in it, which in a way casts doubt about the genuineness of the prosecution story and the doctor, who is said to have attested the so-called declaration denied any such statement having been recorded in his presence. With these observations, Court acquitted accused Vijay Kumar alias Puppy from the charges leveled against him with the direction that the accused at present lying in District Jail Jammu shall be set at liberty forthwith provided he is not involved in any other case. JNF |
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