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| DB sets aside life-imprisonment, acquits accused after 28 years trial | | | Early Times Report
Jammu, Dec 23: A Division Bench of Jammu & Kashmir and Ladakh High Court today set-aside the life-imprisonment to Ram Dayal and Bishan Dass who were facing trial in murder case since 1996.
The DB comprising Justice Rajnesh Oswal and Justice Puneet Gupta DB after hearing Sr. Advocate Sunil Sethi for the appellants, observed that the motive projected by the prosecution for committing the murder of deceased Lochan Singh by the appellant-Ram Dayal is that he was having relations with a girl namely X. “The only witness that has been produced by the prosecution to prove the said circumstance is PW-8 Sher Bahadur Singh. Pw-8 Sher Bahadur Singh, of course is a related witness being uncle of the deceased Lochan Singh and his evidence is required to be appreciated with due care and caution. He has stated that on 21.04.1996 he had gone to meet his relative at Gol Gujral and thereafter, he was going to meet his parents at Marh Bagh. While he was standing at Tillo Bouri Chowk, his nephew Lochan Singh was going towards the city on a scooter with a girl as pillion rider. He was embarrassed on seeing him. On enquiry, he disclosed that the girl resided in front of the academy. In the meantime, accused Ram Dayal and accused Papa came there on motorcycle and asked him that you should advise your nephew otherwise consequence would not be good. On that, he warned Lochan Singh. He then got the girl boarded in a bus going to the city. He along with Lochan Singh returned. He admitted that from 20.04.1996 to 28.04.1996, he did not narrate that incident to anyone except his brother on the date when the dead body of the deceased was recovered. PW-5 Harbhajan Singh, the father of the deceased stated that PW-8 disclosed him about the incident of meeting Lochan Singh and threatening by appellant Ram Dayal on 27.04.1996 and as such he contradicts PW-8 Sher Bahadur. PW-22 Shamsher Singh Parihar Investigating Officer has admitted that he did not record the statement of the said girl. She was the most important witness to prove the motive for the commission of murder of the deceased. Her non association with the investigation has caused dent in the prosecution case so far as proof of motive is concerned. PW-5 and PW-8 are the father and paternal uncle of the deceased and their contradictory testimonies cannot be relied upon in absence of independent corroboration,” the court held.
The DB examined the judgment passed by the trial court and the trial court has placed much reliance upon the disclosure statement as well as recovery of the weapon of offence, which in our opinion, the prosecution has miserably failed to prove. More so, the learned trial court has relied upon the statement of PW-8 Sher Bahadur Singh so far as motive is concerned but in absence of the statement of a girl with whom the appellant Ram Dayal and deceased Lochan Singh were having affair, it cannot be said that the prosecution has proved the motive. We are of the considered view that the learned trial court has not appreciated the evidence in its right perspective and has even not gone through the whole statement of PW-6 Harbhajan Singh as there is no mention in the judgment of the trial court with regard to his deposition that the locket was not having any identification. The appellants were required to be acquitted as the prosecution had not succeeded in its case beyond reasonable doubt.
In view of what has been said and discussed above, the judgment of conviction dated 22.03.2008 along with order of sentence dated 24.03.2008 passed by the Principal Sessions Judge, Jammu in a challan titled “State versus Ram Dayal & Anr.” arising out of FIR NO. 60/1996 under sections 302/34 RPC and 4/27 Arms Act of Police Station, Domana is set aside. The appellants are acquitted of the charges and the charge sheet is dismissed. Appellants are on bail, their bail and personal bonds are discharged. JNF |
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