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| Court acquits husband and Devar accused of woman’s murder | | | EARLY TIMES REPORT
Jammu, September-30:- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today acquitted Rajesh Kumar husband of deceased and Naresh Kumar brother-in-law of the deceased Asha Rani who were facing trail for allegedly committing the murder of Asha Rani w/o accused Rajesh Kumar as the prosecution has miserably failed to prove the guilt against the accused.
According to the police case that on January 21, 2010 one Lady Asha Rani w/o Rajesh Kumar has been admitted in GMC Jammu in burnt conditions. The police immediately swing into action and recorded the statement of the injured before the Executive Magistrate 1st Class. The injured stated that she was married with Rajesh Kumar s/o Dewan Chand r/o RS Pura Jammu 15/16 years back. Her husband was quarreled with her and on the day of occurrence at about 11:30 Rajesh Kumar has started beating her and Naresh Kumar also involved in the beating. The husband put kerosene oil and lit the fire and Naresh Kumar caught hold her. On this information a case was registered by the RS Pura police u/s 302/34 RPC and after completion of the investigation presented challan in the Court of law which was today dismissed by the Court with the observation that Abas Khan who partly conducted the investigation of the case has not categorically stated that who was the person who had recorded the statement of the deceased and which has been treated as Dying Declaration, though it was attested by Executive Magistrate but the Magistrate also could not dispose that who was the person who had recorded the dying declaration. Admittedly all the prosecution witnesses have admitted including the investigating officer accused also had burn injuries in his hand when he tried extinguishing the fire. Upon this Court put question had there been intention of the accused to lit fire have poured kerosene to eliminate the deceased, he may not have tried to save her from engulfing fire around her. Court after hearing Adv RK Kotwal appearing for the State whereas Public Prosecutor for the State and satisfied after appreciation of the evidence in real perspective that prosecution has miserably failed to prove the guilt against the accused. With these observations Court acquitted accused from the charges framed against them
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