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| Murder accused acquitted after 13 yrs of trial | | | early times report
JAMMU, May 21: Principal sessions judge Jang Bahadur Singh Jamwal today acquitted Hoshiar Singh alias Tony and Ravinder Raina, both residents of Paloura, of the charges of murdering a youth in 1999.
The duo were accused of murdering one Shalinder on November 15, 1999. They were acquitted by the court as the prosecution miserably failed to establish the case against them.
On November 15, 1999, SHO of Janipura police station recorded the statement of one Tejinder Nath, son of Lok Nath of Mubarak Mandi, that after closing his shop at Roop Nagar at about 9 pm, he and his brothers Shalinder and Koshilender were going home
on their scooter.
Reaching Janipura, they went to Azad Hind Auto Petrol Pump to fill petrol in their scooter. In the meantime, Hoshiar Singh and Ravinder Raina also arrived there on their motorcycle (JK02K/7976). Because of an old enemity, the duo attacked them with sharp-edged weapons. Shalinder, who had sustained a wound in his chest, later died. Acquitting the accused, the judge, after hearing the two sides, observed that prosecution witnesses -- Dev Raj, Shadi Lal and Parshotam Lal -- had turned hostile and did not support the prosecution story. Koshilender's statement was recorded but he died during the pendency of the case.
There was no eyewitness who could connect the accused with the commission of offence. Accordingly, the court was satisfied that part statement of Koshilender was also not admissible in evidence unless it was put to cross-examination and since he was dead, his statement could not be procured.
Further the disclosure statements made therein by the accused had also remained uncorroborated. In view of the discussion made hereinabove, the court was satisfied that there was no evidence connecting the accused with the commission of offence and the prosecution had miserably failed to establish the case against the accused.
The challan fails and the same is hereby dismissed. The accused are hereby acquitted of the charge. They are discharged from their bail bonds and personal bonds. Seized property, if any, shall be destroyed but only after the period of appeal is over, the judge directed. |
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