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| DB upholds trial court order | | Respondent acquitted from murder charges | | Early Times Report
Jammu, Dec17-Upholding the judgment of the trial court acquitting the respondent Suraj Parkash the then SPO in murder case of SPO Rajinder Kumar committed on April 26, 2004, the Division Bench of J&K High Court Jammu Wing comprising Justice Nirmal Singh and Justice Mohammed Yaqoob Mir today upheld judgment of Trial Court acquitted the respondent Suraj Parkash then SPO from committing the murder of SPO Rajinder Kumar on April 26, 2004 DB, after hearing Additional Advocate General VK Chopra appearing for the state and Adv Sandeep Gupta appearing for the respondent, observed that there is no direct evidence on record to connect the respondent with the crime. The case of the prosecution hangs only on circumstantial evidence and when such is a position, then, the evidence as has been held by the Apex Court must satisfy three tests which have been elaborated.
The judgment written by Justice Nirmal Singh for the Division Bench further observed that respondent is alleged to have made a confession statement in presence of prosecution witnesses Daya Ram and Kashmiri Lal that he has kept concealed a rifle SLR with two magazine and 37 cartridges and in pursuance of the said disclosure statement the SLR was recovered. The prosecution however, has not examined Kashmiri Lal who is said to be the witness both of the disclosure statement as well as recovery. Daya Ram who has also been examined has not supported the case of prosecution and stated that no recovery was made in his presence. DB was of the firm opinion that the trial Court has rightly appreciated the evidence and acquitted the respondent of the charges leveled against him and accordingly dismissed this appeal.
This criminal acquittal appeal was filed by the State against the judgment of Additional Sessions Judge Kishtwar passed on September 28, 2007 whereby the Court below had acquitted the respondent Suraj Parkash from the charges of committing murder of SPO Rajinder Kumar.
According to the police case Suraj Parkash was prosecuted under the offences u/s 302, 392, 120-B RPC r/w section 7/27 of Indian Arms Act on the allegation that he committed murder of one SPO Rajinder Kumar on April 26, 2004 JNF.
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