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| Court acquits murder accused giving them benefit of doubt | | | Early Times Report
JAMMU, Mar 31: Additional sessions judge R N Wattal today acquitted Amarjeet Singh and Roop Kumar, who were facing trial for allegedly committing murder of Bua Ditta (13), giving them benefit of doubt.
According to the police case, on October 7, 2008, Pawan Kumar, son of Baldev Raj of Bhagatpur gave a verbal report at police post, Soundwan, that his brother Bua Ditta (13) was lying dead in the village field. His throat was cut and mouth was wrapped with a white sweater.
Ditta had gone to attend the marriage of the daughter of Devi Dayal at Bhagatpur and had not come back home on October 6 night. Taking cognizance of the report, police registered an FIR under section 302/34 of RPC. During investigation, police came to know that Amarjeet had old animosity with Ditta and allegedly murdered him with the help of other accused. Ditta was alleged to have been taken to the field deceitfully by the daughter of Devi Dayal. After allegedly killing Ditta, the accused fled the spot. Wattal, after hearing the two sides, observed that the foundation of the prosecution story was the circumstantial evidence. Indisputably charges could be proved when direct evidence was not available. However, it was must that such evidence qualified the acid test of reliability and admissibility. The prosecution case has to be judged in its entirety having regard to the totality of circumstances. However, in the instant case, the evidence put forth by prosecution failed to qualify the test of reality and admissibility.
The implication of the accused in the case seems to be unacceptable. The evidence is untrustworthy, non-satisfactory and inadequate and does not prove the implication of the accused in the murder of Bua Duta. "The rule of criminal jurisprudence is that prosecution has to prove the guilt against the accused beyond any reasonable doubt. When doubt is created in prosecution story, accused is to be benefited. If we let the case in hand in light of above referred legal proposition of law, court does not hesitate to give the benefit of doubt as is apparent from the prosecution story to the accused," the court said. With these observations, the court dismissed the challan and acquitted the accused from the murder charge. |
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