Excelsior Correspondent
JAMMU, Jan 25: Principal Sessions Judge Ramban, M A Choudhary has acquitted seven accused namely Tirath Singh, Kann Chand, Karan Singh, Pawan Singh, Kirpa Ram, Rita Devi and Om Nath, who were facing trial in a murder case as prosecution miserably failed to established its case against the accused persons.
According to the police case, on December 14 dead body of one Mathra Singh, son of Shiba Bhutiyal of village Senabhati in Banihal tehsil was recovered from Senabhati-Paristan road. Accordingly, proceedings under Section 174 CrPC were initiated.
During the course of investigation, it came to fore that Mathra Singh was killed by Kann Chand and Tirath Singh, sons of Jagat Ram, Pawan Singh, son of Kirpa Ram, Karan Singh, son of Sant Ram and Om Nath, son of Mangat Ram, all the residents of Muthlal and Senabhati over an enmity. After completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “the confessional statement recorded as a disclosure memo has not been proved as one of the attesting witness denied that no disclosure was made by accused Tirath Singh in his presence. All other witnesses are formal witnesses to the various memos prepared during the investigation. The prosecution has not examined the forensic expert as a witness in the case and neither cited nor examined SI Runyal who as per SHO had been associated with the investigation”.
“The deceased seems to have died a natural death being a hypertensive patient. Moreover, as per the doctor who conducted the post-mortem, most of the injuries were caused after death. The prosecution has not succeeded to connect the accused with the commission of the offences of which they were charged”, the Court observed and acquitted the accused of the charges leveled against them.
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