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Court acquits three accused in murder case
4/28/2010 11:57:44 PM
EARLY TIMES REPORT
JAMMU, Apr 28: 1st Additional Sessions Judge Sanjay Gupta acquitted Ranjeet Singh alias Sonu, Rakesh Kumar alias Chuchu and Gurbachan Lal alias Bulli who are facing trial along with Ashwani Kumar Ashi and Tarsem Lal alias Kala against whom general arrests warrants were issued u/s 512 CrPC. According to police case on October 5, 2005 there was a Jagrata of Mata Vaishno Devi at Ward No.7 and to pay the obeisance the deceased along with his mother Sheela Devi and Bua Pushpa Devi Wd/O Satpal went to Ward No.7. His friend Tarsem Lal alias Sema also went there. The deceased along with his mother and Bua attended the Jagrata upto 2 A.M. night and when they started going back to their home a friend of the accused, Tarsem Lal did not permit them to go home and took them to his home. On the other hand accused party was waiting for deceased in the room of accused Gurbachan Lal alias Bulli. On 06-10-2005 in the morning when accused did not come from the home, accused persons chalked out a programme.Accused Gur-bachan Lal alias Bulli who is neighbourer of the Tarsem alias Sema called deceased Sonu from the house of Tarsem Lal alias Sema in the lane and caught Sonu under his arms, whereas other accused persons armed with Tokas who were standing in the house of Bulli, came out in the lane and attacked upon Sonu with Tokas and seriously injured him who later succumbed to the injuries in the hospital. The offences under sections 302/147/148/149 RPC and 4/25 Arms Act were proved against all the five accused persons namely Ashwani Kumar alias Achhi S/O Shiv Ram caste Brahman R/ Ward No.12 R.S Pura, Rakesh Kumar alias Chuchu son of Durga Dass Caste Brahman R/O Ward No.10 R.S Pura, Tarsem Lal alias Kala , Gurbachan Lal alias Bulli sons of Satpal Caste Bhagat R/O Ward No.8 R.S Pura and Ranjit Singh alias Sonu son of Karan Singh Charak Caste Rajput R/O Pirthipur , whereas offence u/s 341 RPC was not proved. Accused persons namely Ranjit Singh alias Sonu, Tarsem Lal alias Kala and Ashwani Kumar alias Achhi absconded after committing the crime. After completion of investigation challan was presented in the court of law against all the five accused in the Court u/s 302/147/148/149 RPC.
1st Additional Sessions Judge Sanjay Gupta in the judgment after hearing APP for the state and Adv JP Nanda appearing for three accused who were in custody, observed that in the totality of circumstances, Court is of considered opinion that the benefit of doubt should go in favour of accused persons, as prosecution has not produced any truthful and reliable evidence from which it can be proved that accused persons were author of crime. Accordingly, they are acquitted of all the charges leveled against them. They be released from custody in case they are not involved in any other case and also ordered that when accused who are proceeded under Section 512 CrPC are apprehended, be produced before the Court. (JNF)
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