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| Court acquits murder accused | | | early times report
JAMMU, Mar 30: Principal sessions judge Jang Bahadur Singh Jamwal today acquitted Billu Naik and Sagar Sethi of Orissa in a murder case. He also issued general arrest warrants against Lanbat Dakwa and Dev Raj, both residents of Panchbuti in Ganjam, Orissa.
On November 20, 2003, police received an information that Harpal Singh, son of Layak Singh of Dashmesh Nagar, Digiana, was hit on the head with iron rods and stones by the labour at his residence at about 8 pm when the construction work was in progress there. He was killed. None of his family members were present in the house when the incident occured.
Though the accused fled the spot after stealing cash from the locker, Billu and Sethi were later arrested by police. Lanbat and Dev were declared absconders and proceedings under section 512 of CrPC were initiated against them.
Acquitting the two accused, the judge observed that a rod and a muffler were recovered by police on their disclosure. Though the autopsy surgeon had not been examined, the autopsy report was scrutinized and it did not emanate anywhere that the accused had strangulated the victim. The recovery of muffler had no meaning and could not be attributed to the accused. As far as the rod was concerned, the autopsy surgeon had explained other types of injuries in the autopsy report. Thus the statements of prosecution witnesses Jagbir Singh, Deedar Singh and Nanak Singh had become insignificant, the judge observed.
He said the court was satisfied that there were a lot of missing links in the story of prosecution and no circumstance had ever appeared against the accused in the evidence tangible or otherwise connecting the accused with the commission of offence.
The court was satisfied that the prosecution had utterly failed to prove the case against Billu and Sethi. Accordingly, the challan failed against them and the same was dismissed.
Billu and Sethi were hereby acquitted of the charge and they shall be released from the custody in case they were not required in any other case, the judge ordered. |
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