Prosecution failure leads to acquittal of accused facing trial in murder case

Excelsior Correspondent

JAMMU, Jan 7: Principal Sessions Judge Kathua, A K Koul has acquitted Babu Ram, son of Massu Ram, who was facing trial in murder case, as prosecution miserably failed to prove the case.
According to the police case, on May 6, 2010, a source report was received in Police Post Ramkote that somebody had killed Reeta Devi and her dead body was lying in her house. This information led to registration of case under Section 302 RPC.
During the course of investigation, the accused and his juvenile daughter Sapna Devi were interrogated. Both of them made disclosure statements about the weapons of offence and a wooden handle of an axe and a rolling pin (Belan) were recovered at their instance. The oral and documentary evidence collected during investigation revealed the complicity of accused Babu Ram, his wife Geeto Devi and his juvenile daughter Sapna Devi.
Juvenile offender is facing trial separately and Geeto Devi, wife of accused Babu Ram, is said to have committed suicide.
While acquitting the accused person from the charges, Principal Sessions Judge Kathua observed, “the disclosure statements and recoveries cannot said to have been proved simply on the basis of statement of Investigating Officer when there are glaring inconsistencies and material deficiencies in the case”.
“The prosecution has failed to establish a doubt free nexus between the accused and the guilt. The only conclusion that comes to the fore is that the prosecution has failed to bring home the guilt against the accused. There are so many infirmities in the prosecution case and that apart the evidence is miserably short of connecting the accused with the guilt”, the court said.
With these observations, Court acquitted the accused.