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| Court acquitted four accused facing trail in attempt to murder case | | |
Jammu, November, 2:- First Additional Sessions Judge Mr. GK Pandita acquitted Dev Raj, Krishan Lal, Sanjeev Kumar and Kuldeep Raj all are residents of Bishnah District Jammu, who were facing trail in a attempt of murder case r/w India Arms Act.
In the acquittal judgment Mr. Mr. GK Pandita after hearing Additional Public Prosecutor appearing for the State and Advocate BL Kalgotra appearing for the accused persons observed that as per the prosecution version SI Sat Pal along with four Constable and one Head-Constable had gone top the arrest of accused in FIR 84/2003 for the offence 294/341/451 RPC. It is an established fact that FIR has been registered prior to the registration of the present FIR, it has come in the statement of Samjeet Kumar that the distance in between the village of complainant party in present FIR and the accused is more than one and half kilometer, if SI Sat Pal had gone for the arrest of the accused in FIR 84/2003 and who live in village Khurd then how he suddenly landed at Jinder Khurd in the house of accused in FIR 85/2003, which is one and half kilometers away from the house accused in FIR 84 is a mystery, it cannot only raises a doubt about the statement of Sub-Inspector Sat Pal but has developed tracks in the prosecution story itself, and has made the statement of SI Sat Pal unbelievable. How can a person is supposed to be at Tinday Khurd be suddenly in another village in the house of accused in FIR 85 where he find the complainant in the present FIR along with samjeet in an injured condition and that too in a village which is one and half kilometer away from a place where the IO Sat Pal ought to have been in the house of the accused in FIR 84. This has not been explained by the prosecution, which was very vital in showing the presence of IO in the house of accused Dev Raj in the present case. Similarly a doubt is further created in the statement of Sat Pal as the prosecution has not cited any of the constables or the head-constable who were accompanying sat pal at the relevant time.
Court further observed that as per the prosecution story that sat pal was accompanied by them when he left the station for the arrest of the accused in FIR 84, it is unbelievable that a sub-Inspector who had gone for the arrest of the accused suddenly landed himself in the house of accused Dev Raj and booked him in FIR 85. This is unbelievable and the story of prosecution as become further more doubtful when considered the statement of Ajit Kumar brother of the complainant. This has given blow to the prosecution story and made the whole case of the prosecution unbelievable. Court is of the opinion that the prosecution has failed in connecting the accused with commission of offences for which they have been charged, it appears from the evidence which as been led by the prosecution that it is a cooked up story and the present FIR has been lodged to counter the FIR 84 2003 which was lodged by the accused Dev Raj. Court held that accused had not guilty for the offences leveled against them and such all the accused acquitted from the charges.
It is worthwhile to mention that accused Sansar Chand alias Bittu died after the presentation of the challan and as such his name was dropped from the array of accused. |
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