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| Court acquits murder accused as prosecution fails to prove case | | | JAMMU, Mar 21: Principal sessions judge Jang Bahadur Singh Jamwal has acquitted Mubarak Ali, son of Mohammad Yusaf, Tilak Raj, son of Girdhari Lal, and Jagdev Singh, son of Dhani Ram, all residents of Kana Chhargal, who were facing trial in a murder case as the prosecution failed to prove the case against them. They were booked by police in the murder of Girdhari Lal, son of Gian Chand of Kanna Jatagam.
According to the police case, on July 31, 2004, the accused allegedly abused Girdari because of an old enmity, beat him with fists and legs. When he became unconscious, they allegedly hanged him from a tree as a result of which he died.
The accused were then arrested by police and booked under sections 302 and 34 of RPC. After recording the statements of witnesses under section 161 of CrPC, challan was presented by police in the court of law. The court observed that the evidence tendered by the prosecution was not up to the standard that for a crime to be proved it was not necessary that the crime must be seen to have been committed and must, in all circumstances be proved by direct ocular evidence by examining before the court those persons who had seen its commission. Thus, there was no direct evidence to connect the accused with the commission of offence. The court was satisfied that the prosecution had failed to establish the case against the accused. Accordingly, the challan fails and accused are acquitted of the charge framed against them, the court directed. |
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