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| Trial Court awarded life-imprisonment in murder case | | |
Early Times Report
Jammu, Apr10- Giving benefit of reasonable doubt to the appellant, a Division Bench of Jammu and Kashmir High Court comprising Justice Nirmal Singh and Justice J P Singh today allowed the appeal and set aside the impugned judgment and order of the Trial Court with directions to release the petitioner from the custody forthwith.
The Division Bench in a criminal appeal against the judgment April 1, 2004 whereby 1st Additional Sessions Judge Jammu had convicted Subash Singh for committing the murder of Rashpal Singh and sentenced him to imprisonment for life and fine Rs 5000 u/s 302 RPC, allowed the appeal and set-aside the sentence awarded by the Trial Court.
The Judgment written by Justice JP Singh for the Division Bench, after hearing Advocate Surinder Singh appearing for the accused/petitioner and Additional Advocate General PC Sharma appearing for the State and going through the file and the case and also the statement of the witnesses, observed that Trial Court’s finding in disbelieving part of the prosecution story justifying the acquittal of appellant's mother Krishna Devi on whose instigation the appellant and his brother are stated to have attacked the deceased, material contradictions noticed in the statement of prosecution witness and there being no other acceptable corroborative evidence to support the statement of prosecution witness. The DB is of the view that there exists reasonable doubt about the involvement of the appellant in the occurrence leading to the murder of Rashpal Singh and the genesis of the occurrence appears to Court to have been suppressed by the prosecution. The finding of the Trial Court that the prosecution had succeeded in establishing that the appellant was the real perpetrator of the crime and had committed murder of Rashpal Singh, deceased, cannot thus be sustained.
According to the prosecution case on September 7, 1999 when deceased along with his father and mother were going to lodge a report with the police against the accused party, the accused attacked on Rashpal Singh near Purkoo with “Sua” used for breaking eyes which hit the deceased in the abdomen he fell down and was taken to GMC, Jammu where he succumbed to the injury. A case was registered by the police Kana Chak, after completion of the investigation police presented challan in the court of law. JNF
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