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| Court acquits father of daughter's murder | | | Early times report
Jammu, Apr 18: Principal Sessions Judge Bansi Lal Bhat acquitted Kulwant Singh father of deceased Satvinder Kour alias Pinki, a boxer recruited in IRP, from murder charges.
According to the prosecution, deceased wanted marriage to his choice but father did not like and tied her marriage with his choice.
It was alleged that accused in the intervening nigh May 31 & June 1, 2005 strangulated deceased while she was asleep who resisted and cause scratches on the face of the accused. It was also alleged by the police that accused criminated dead body in the early hours. On this information FIR was lodged and investigation started. The IO rushed to cremation ground and seized half burnt bones, ashes and charcoal and seized the same and sent to FSL for examination. According to the police accused made a confessional statement before the Judicial Magistrate. A case 302/201 was registered and after completion of investigation challan was presented in the court of law.
Principal Sessions Judge BL Bhat after hearing PP Shabir Ahmed Choudhary whereas Advocate MS Bhau & KS Charak appeared for accused and went through police investigation and witnesses produced by the prosecution. In the explanation of accused u/s 342 CrPC stated that police had tortured him during custody and compelled him to make a confession. The chemical examiners report tendered in evidence by prosecution, that no opinion could be arrived at as the bone pieces sent for chemical examination were burnt and broken beyond the point of there identification. Thus, no evidence for determination of its species origin is available. Some of the circumstances indicated, which emerge upon marshalling of evidence brought on record during trial, raise suspicion that the accused had a motive to eliminate the deceased and some circumstances, taken in isolation, also raised strong suspicion about complicity of accused in the alleged occurrence.
But suspicion, howsoever strong, cannot be a substitute for legal proof. The case has to fail for lack of legal, credible and reliable proof and the benefit of doubt has to go to the accused and acquitted the accused from the charges framed against him. ---JNF
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