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| 4 facing charges of murder get HC relief | | | EARLY TIMES REPORT
Jammu, JULY 8: A Division Bench of J&K High Court Jammu Wing comprising Justice JP Singh and Justice Sunil Hali allowed the appeal filed by the convicts and set-aside the Trial Court judgment in which then Additional Sessions Judge Reasi awarded life imprisonment and fine Rs 10,000 on March 15, 2008, the convicts Balwant Singh and Others filed appeal in the state High Court challenging the impugned judgment.
In the approved for reporting judgment written by Justice JP Singh for the Division Bench after hearing Sr. Adv MA Goni with Adv Ajay Singh Kotwal for the appellants and Additional Advocate General Mr. SC Gupta for the state allowed the appeal on various points including that Head Constable Adbul Rashid who himself was the complainant in the case should not have investigated the case because such a course suspects fair and impartial investigation from which the present case too suffers. There being no eye-witness to the occurrence indicating appellants’ involvement in setting her ablaze after pouring kerosene, the forensic science laboratory’s report proving absence of kerosene traces in the plastic bottle and Tiffin-case stated the prosecution to have been used by the appellants for the commission of murder. The material seized from the place of occurrence and factum of recording of dying declaration having been found to be highly doubtful, besides the dying declaration suffering from various infirmities and there being no evidence on records indicating that Kishi Devi was in a fit state of mind to make the dying declaration immediately before her death, leads the DB to come to the conclusion that the prosecution has failed to prove appellant’s involvement in the murder of Kishi Devi.
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