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| Court acquits BSF personnel, prosecution fails to prove charge | | |
Early Times Report
Jammu, Apr 03-Acquitting AM Sangma of BSF, who allegedly opened fire on August 10, 2002 at Railway station Jammu platform No 1 to take revenge from the Assistant Commandant Tulsi Dass in disregard to the lives of the innocent people resulting into the death of Tulsi Dass, Chitranjan Swain HC and Constable P Hathi Naik and injuring R Romesh, Ist Additional Sessions Judge Jammu, Puneet Gupta, observed that statements of witnesses in no way connect the accused with the commission of crime. Court would like to point an unusual feature of the case and the feature is that police agency have not brought any civilian witness in spite of the fact that the happening is of the busy platform of the Railway Station. At least Railway Officials or other men working with the railways must be on the platform in addition to the passengers who would be waiting for the train. Court has touched the various aspects of the case which stand revealed from the prosecution evidence. Motive part attributed to the accused is not sufficiently brought on record to convince the Court that the same could be the reason for the accused to shoot his Assistant Commandant Tulsi Dass.
In the 47 page judgment, the 1st Additional Sessions Judge, while acquitting the accused from the charges further observed that the prosecution has indeed depended heavily on the eye witnesses in the challan but unfortunately two of the eye-witnesses have failed to support the prosecution case even a bit and so far as the other eye witnesses Sudip and Abdul Rashid are concerned, Court while dealing with their statements have not found the statements of these two witnesses in tune with the case set-up by the prosecution and have noted flaws that have cropped up in their statements. The accused actually fired the bullets has not been established. The seizure of the Gun from the accused is also doubtful, medical report coupled with FSL reports cannot prove of its own that the bullets were fired from SLR allegedly used by the accused and seized during investigation. The delay in sending the gun and ammunition to the FSL is not favorable for the prosecution. Undue and unexplained delay in sending the FIR to the Magistrate is also fatal for the prosecution. Last but not the least the FIR has not been proved by the prosecution. With these observations the Court acquitted accused A.M Sangma of the BSF son of Gojen Mark resident of Rajagaon District Khasi Hill East Meghalaya from the charges leveled against him. JNF
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