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| DB set-aside life-impriosnment, acquitted accused | | | Early Times Report
JAMMU, Sept 28: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri set-aside the life-impriosnment awarded by Principal Sessions Judge Kathua to one Raj Kumari who who had murdered one Soma Devi for ear rings.
DB after hearing Advocate Deepika Mahajan with Adv Athrav Mahajan for the appellant whereas AAG Ravinder Gupta for the UT, observed that the prosecution evidence is found not only legally flawed but discrepant on material aspects of the case. A studied appreciation of the prosecution evidence, discussed hereinabove, leaves no room for doubt that prosecution has badly failed to prove that appellant was last seen in the company of the deceased. The disclosure statement attributed to the appellant and the consequent recovery of the ornaments, allegedly stolen from the person of the deceased, is not in accordance with the provisions of Section 27 of the Evidence Act. Therefore, the prosecution has failed to establish a complete chain of circumstances consistent with hypothesis of the guilt of the accused.
DB further observed that for the foregoing reasons, thi court found merit in the present appeal. Hence, the present appeal is allowed and the impugned judgment of conviction and order of sentence passed by trial court are set-aside. The appellant is relieved of her bail bonds. —JNF |
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