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| Murder accused gets benefit of doubt ,acquitted | | | Early Times Report
Jammu, Dec 28-1st Additional Sessions Judge Jammu Sanjay Gupta acquitted Rakesh Singh who was facing trial in a murder case.
After hearing Advocate SDS Saini appearing for the accused, the Judge referred the judgment of Supreme Court and High Court and observed that court is of the view that benefit of acquittal given to other accused namely Subash Singh, should also be given to the Rakesh Singh. Further the case of Rakesh Singh stands on better footing to that of Subash Singh because as per charge framed against him, he only caught hold the deceased and main accused inflicted fatal blow of Sua. Keeping in view the whole circumstances of the case and law on the point, Court is of the considered opinion that accused Rakesh Singh should also be acquitted by giving benefit of reasonable doubt as given to other accused by the High Court in his judgment passed on April 2, 2009. Accordingly accused is acquitted of the charge leveled against him.
According to the police case on September 7, 1999, one Harnam Singh resident of Purkhoo made a verbal statement at P/S Kanachak that Subash Singh, Rakesh Singh sons of Suraj Singh and Krishna Devi wife of Suraj Singh of Purkhoo had been abusing him and his family for the last 2/3 months for providing accommodation to tenants who were allegedly not of good character. The accused persons demanded that the tenants be evicted. On this pretext accused Krishna Devi had started abusing when he approached police and wife of the complainant asked accused Krishna Devi to restrain from abusing her family. Upon this Krishna Devi assaulted her and beat her up. Meanwhile Rashpal Singh son of complainant returned from duty and advised to lodge the report at police station. Thereafter the wife of complainant and son Rashpal Singh left for police station. On noticing the complainant party leaving to report the matter to police, Krishna Devi asked their sons to eliminate the complainant party. Upon instigation, Subash Singh and Rakesh Singh, with common intention, held Rashpal Singh by his arm from his back, and Subash Singh stabbed him in his abdomen with a Sua used for breaking eyes. Rashpal Singh fell down on the ground and he was removed to GMC hospital in a Matador but he breathed his last in the hospital. A case u/s 302 was registered and after completion of investigation challan was presented in the Court of law.
Accused Subash Singh was acquitted by the High Court in an appeal whereas Krishna Devi was acquitted by the Trial and the accused Rakesh Singh was proceeded u/s 512 CrPC on November 27, 1999 and he surrendered before the Court on September 22, 2009. JNF
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