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Accused acquitted from murder charges after 7 yrs investigation, trial
2/9/2009 10:03:26 PM
Early Times Report
Jammu, Feb 09- Principal Sessions Judge, Jammu, SS Sarangal has acquitted Suman Kumar of Chattisgarh presently Talab-Tillo Jammu from the charges of allegedly committing murder of his brother-in-law as the prosecution has failed to prove the guilt of the accused beyond reasonable doubt.
In his 29- page judgment, Principal Sessions Judge Jammu, after hearing Public Prosecutor appearing for the State and Advocate SC Bhatia appearing for the accused, who was also present in custody, observed that the proved circumstances should be a conclusive nature and definite tendency, unerringly pointing towards the guilt of the accused. They should be such as to exclude every hypothesis but the one proposed to be proved. The circumstances must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond all reasonable doubt. It is not necessary that each circumstance by itself be conclusive but cumulatively must from unbroken chain of events leading the proof of the guilt of the accused. If those circumstances or some of them can be explained by any of the reasonable hypothesis then the accused must have the benefit of that hypothesis. The Court accordingly acquits the accused from the charges as the prosecution fails to prove its case, the Principal Sessions Judge ordered.
According to the police case the story collected by the police against the accused was that deceased was the husband of sister of the accused and wanted divorce as he was having doubts about the character of his wife. Upon this both the families tried to patch-up between wife and husband but on the fateful day, according to the accused, the deceased consumed liquor which resulted into his death.
According to the police case on April 19, 2002 Police Post Talab Tillo received information that a dead-body of Kanayia Lal is lying in the hut of accused Suman Kumar at Sunder Nagar Talab-Tillo Jammu. On this information proceedings u/s 174 Cr PC were initiated and after the report of post-mortem the police registered a case u/s 302 as in the post-mortem report the death of the deceased was result of strangulation and arrested the accused Suman Kumar. After completion of investigation a challan was presented in the Court of law which was decided after seven years of investigation and trial.
JNF
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