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| Murder accused acquitted from charges; Prosecution fails to prove case | | | Early Times Report
Jammu, Feb 01- Acquitting the accused Mundrika Parsad, an employee of the Railway Department, facing trial for allegedly committing murder of his daughter, the Ist Additional Sessions Judge Jammu Puneet Gupta observed that all the channels of the prosecution have failed to prove the case against the accused, which has only sounded death knell for the prosecution case. The prosecution from any angel has failed to prove its case against the accused beyond any shadow of doubt and the accused is acquitted from the commission of offence u/s 302, despite having made the confessional statement.
In his 39- page judgment, the 1st Additional Sessions Judge, after hearing Additional Public Prosecutor Harpal Singh appearing for the state and Advocate Prince Khanna appearing for the accused, and also going through the challan and confessional statement, which was recorded before the Magistrate, observed that in the present case the Magistrate, while recording the statement, has omitted to ask both the important aspects which are required to be asked to the accused before recording his so- called confessional statement (as to why the accused wanted to make the confession or as to what had prompted him to make the confession). Viewed in totality the manner in which the so called confessional statement has been recorded, the Court is convinced that the legal requirements which are required to be followed, while recording the confessional statement of the accused, have not been followed in the present case and consequently the statement given by the accused is robbed of its genuineness and dent is created in the evidentiary value of the state statement. The statement from the accused cannot be basis for holding him guilty of the offence though the confession before the Magistrate was the back-bone of the case for the prosecution. The so called confessional statement made by the accused before the Magistrate was the most important aspect for the prosecution but as the Court has held that the same cannot be pressed into service by the prosecution, the prosecution case gets weakened, the Judge further observed.
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