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| Court acquitted murder accused including wife due to utter failure of Prosecution | | | EARLY TIMES REPORT
Jammu, Apr 17: 2nd Additional Sessions Judge Vinod Chatterji Koul acquitted Geeta Devi w/o Vijay Kumar deceased, Bodh Raj, Rakesh Kumar and Vinay Kumar who are facing trial in a murder case of Vijay Kumar whose dead body was found in the field of Village Chack Chimna on August 4, 1999, as the prosecution has miserably failed to prove the case against the accused persons beyond reasonable doubt.
According to the prosecution, on August 4, 1999 in the night at about 2 A.M. accused Geeta Devi came to the house of her father -in-law and informed him that at about 10 A.M., her husband left the house but did not return and being alone she became afraid of and on this her mother-in-law accompanied her and in the morning at 7 a.m. dead body with injury and bleeding on head, marks of rope around the neck and abrasion over the back, was found in the fields. The report was made by Behari Lal, father of deceased who alleged that some body because of old enmity killed his son. On this FIR No. 82/99 under section 302 RPC was registered in police station Bishnah and investigation entrusted to Jagjit Singh I.O, who visited the spot, prepared site plan and seized dead body alongwith rope, soil and coin from the spot. Postmortem was got conducted by the board of doctors. On 6th of August 1999 accused Geeta Devi, and Bodh Raj were taken into custody under section 54 Cr PC. On disclosure of accused Bodh Raj other accused Rakesh Kumar and Vinay Kumar were arrested under section 54 Cr.PC on 7th August 1999. During investigation accused Bodh Raj made a disclosure that he had concealed a piece of iron pipe and Rs.61,000/-, Vinay Kumar disclosed that he concealed the shirt of deceased and Rakesh Kumar disclosed that he has concealed the bed sheet. The disclosure statements were recorded and recoveries were affected on 08-08-99. The identification parade of accused Rakesh Kumar, and Vinay Kumar was conducted and in addition to this, statement of accused Rakesh Kumar was also recorded under section 164 Cr PC. As per investigation all the accused with common intention entered the house of deceased in the night on 3rd of August 99 when the deceased was sleeping, accused Bodh Raj and Vinay Kumar put rope around his neck and Bodh Raj further hit him with iron pipe on the head whereas accused Geeta Devi and Rakesh Kumar caught hold of arms and legs of deceased and due to strangulation deceased died. In the acquittal judgment 2nd Additional Sessions Judge Vinod Chatterji while acquitting wife of the deceased and other three accused held that the offence u/s 302 RPC punishable with imprisonment to life or death sentence, so the standard of evidence should be very high. In the present case, prosecution has produced very low standard evidence and court cannot believe on such type of evidence. It is the fact that crime has been committed but by whom and for what motive, prosecution has not investigated the case properly and witnesses produced in the court have not properly staged their claim with regard to the crime committed by the accused persons. Therefore, challan is dismissed and accused are acquitted of the charges. --JNF
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