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| DB acquits the double murder accused as prosecution fails to prove charges | | | Early Times Report
Jammu, July-13: A Division Bench of J&K High Court Jammu comprising Justice JP Singh and Justice Sunil Hali in the criminal appeal acquitted the accused Ajit Singh and Bishan Singh real brothers who were convicted and sentenced to undergo life-imprisonment in a double murder case on September 18, 2007.
DB observed that failure of the prosecution to produce the investigating police officer and those who had carried Kasturi Lal injured from the place of occurrence to the hospital, further weakens the case which the prosecution had projected relying on the statement of the children of the deceased. The evidence produced by the prosecution when considered in the light of doctor who conducted post-mortem that Kasturi Lal had been brought to the hospital by BSF personal and the existence of BSF camp near the place of occurrence makes the Defence plea, that the children of the deceased were not present when the occurrence has taken place and the BSF personal were the first to came on spot, reasonably probable in the absence of any evidence to the contrary of records. ‘The recovery of alleged weapons of the offence at the instance of the appellants by the police, in the absence of proof of their disclosure statement to the police, may not also be of any help to the prosecution, particularly, when the FSL report does not indicate the presence of blood on weapons, the DB observed. DB is of the view that the prosecution has failed to prove its case and appellants involvement in the murder of Kasturi Lal and Lajwanti beyond reasonable doubt.
The DB observed that the Investigating Agency has not examined any one from the BSF camp to unfold the facts and the circumstances under which Kasturi Lal the injured had been carried by the BSF personal to the hospital. The manner, in which the occurrence is stated by the children of the deceased to have taken place, too appears to be improbable when one looks at the injuries found on the person of the deceased.
Allowing the benefit of doubts to the appellants DB acquitted the both real brothers and setting aside their conviction and sentenced awarded by the Trial Court.
According to the prosecution story on October 2, 1997 when the Kasturi Lal and Lajwanti along with their son Ashwani Kumar and daughter Sarishta Devi (both were minor at that time) reached near their field at about 11:00 AM, accused Ajit Singh and Bishan Singh with criminal intention attacked with Darti and Kahi on the parents of the complainants whereas the mother of the complainant died on spot and father of the complainant was taken RS Pura Hospital where he expired. The enmity between the real brothers on a dispute of land, whole the case was narrated by the minor children of deceased and their witnesses.
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