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Court acquits 23 persons after 10 years trial
4/1/2009 10:44:09 PM
Early Times Report
Jammu, Apr 01- Principal Sessions Judge Jammu SS Sarangal today acquitted Mohammed Aslam and 22 others, all residents of Village Raghura Tehsil and District Jammu, who were facing trial for the last 10 years.
Principal Sessions Judge, after hearing Public Prosecutor EA Tak for the state and Advocate Zulafqar Sheikh for the accused persons, and going through the facts and circumstances of the case, observed that it is evident that the star witnesses namely Chander Shekhar and Ram Pal Gandotra Junior Engineers JDA, have been declared hostile by the prosecution as they have not supported the prosecution case and there are major contradictions amongst the prosecution witnesses and as such their testimony cannot be relied upon. All the witnesses are the government employees of JDA, Police and Revenue and therefore they are highly interested witnesses. More so their testimony is in consistent. In this way the prosecution has failed to link the accused with the commission of offence. Court is of the opinion that prosecution has failed to prove the guilt of all the accused persons beyond any reasonable doubt and as such the benefit of doubt is given to the accused persons and they are acquitted of the charges leveled against them.
Acording to the challan May 23, 1998 some people led by Kala Khan, Kaku, Sardar Mohd, Khadim Hussain, Munir, Jamat Ali, Bhattu, Anwar Choudhary and Ors came on the road and were furious and protesting against the JDA and revenue department on the demolition action of the JDA. On this the Additional SP and other police officials advised the protestors to calm down and desist from doing so but they did not stop. The protestors with malafide intention attacked the police party and started pelting stones on them as a result some police personnel including lady police were injured. A case u/s 307, 435, 332, 147, 148, 149, 427, 436 RPC was registered and after completion of the investigation challan was presented in the Court of law.
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