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| Prosecution failure leads to acquittal of two accused in murder case | | |
EArly times REport
JAMMU, Sept 24: On account of failure of prosecution to prove charge of murder against two accused in FIR No- 43 /2013 of police station Janipura, they stand acquitted by Addl Sessions Court Jammu. Tahir Khurshid Raina, Addl Sessions Judge Jammu, in his judgment in the case observed that when there is a thick cloud against prosecution case with regard to complicity of the accused in the alleged commission of crime, it fairly attracts acquittal in their favour.
One person named Ashok Massih, son of Tarseem Massih of Anand Vihar Talab Tillo went missing on 1.11.2011. A missing report got filed by the father which also stand disputed by the police. However, on receiving the information from incharge Flying Squad of police station, Janipura on 8.11.2011 about an unidentified dead body lying in bushes in Suraksha Vihar Paloura, PS Janipura swung into action , recovered dead body and initiated inquest proceedings. On identification of dead body by the brother of deceased the identity of the deceased got established as that of Ashok Massih. On postmortem of the dead body, injuries were found on neck, face and chin of the deceased. Viscera was sent to FSL for chemical examination for detection of poison which was not found as reported by FSL. However , the FIR got registered in May 2013 and accused Ajay Sotra of Tallab Tillo and Arpan Massih of Gurdaspur Punjab were arrested for commission of offence of murder of the deceased.
Investigation was conducted by four consecutive IO's and finally charge sheet was filed and accused were charged for commission of offences U/Sec 302 - 34 RPC by the court . Full dress trial took place in the case and was finally heard.
In his judgment the ld. Sessions judge Tahir Khurshid Raina has held that when case is based on circumstancial evidence, every incriminating fact pleaded in the charge sheet against the accused has to be proved by prosecution beyond reasonable doubt and they be also closely knit to each other to culminate into only one conclusion that the author of the crime are accused here in and none else.
Court observed that not only there is a complete break of the chain of prosecution evidence on record but even all incriminating facts projected in the charge sheet against the accused have not been proved .
Accordingly both the under trial accused were acquitted by the court for failure of prosecution to prove charge of murder against them beyond reasonable doubt. JNF |
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