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| Court acquits murder accused as prosecution fails to prove case | | | early times report
JAMMU, Feb 25: Principal sessions judge Jang Bahadur Singh Jamwal has acquitted Elpres Mattoo alias Katty Christian Colony who was facing trial in the murder of Vishal as the prosecution miserably failed to prove the case against him.
According to the police case, Vishal's mother Ruby made a written report to police, stating therein that on November 04, 2006,, her son was at home when Katty came and took him with him.
When she came out of house after sometime, she found that Katty had grappled with her son near a barber shop. The accused then allegedly attacked Vishal in the chest with a scissor and ran away.
She along with Bulli and Arun later evacuated Vishal to GMCH here in an auto. On way, he told her that the accused had picked up the scissor from the shop of Sonu barber and attacked him in the chest. He, however, succumbed to his wounds before he could be treated at the hospital.
The accused, due to an old enmity, had allegedly killed her son, she stated in her complaint to police.
Police investigation found that Katty had allegedly taken some money from Vishal. However, when the latter demanded money from him, he allegedly killed him.
The principal sessions judge observed that the recovery had been effected in a very defective manner and could not be attributed to the accused because the marginal witnesses to the recovery had categorically stated that the accused was not brought out from the police station but the recovery had been effected by police themselves from the bushes.
He said this was not a case which hinged upon the circumstantial evidence. There is a clear cut mentioning of the prosecution witnesses in the FIR as well as by the other witnesses, their presence has been shown but their resilience from statements tendered before the Investigating Officer in complete reversal favouring the accused is a circumstance which creates a doubt in the story of prosecution.
With these observations, the court dismissed the challan and acquitted the accused as the prosecution miserably failed to prove the case against the accused. |
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