Excelsior Correspondent
JAMMU, June 14: Dismissing the challan in a case of death of a woman, the Court of Additional Session Judge Jammu has acquitted husband and others from the charges of murder of the deceased as prosecution failed to establish the charges.
2nd Additional Sessions Judge Jammu, Virender Singh Bhou acquitted Sudagarmal, husband of deceased Gita Devi, and other accused namely Gourav Kumar, Joginder Kumar and Shashi Devi from the charges of murder.
After hearing Advocate Koushal Parihar, appearing for the accused, Judge Virender Singh Bhou observed that what emerged from the careful consideration of the whole manner and mode in which the statement of the deceased has been recorded and non-observance of the procedure provided under J&K Police Rules for recording dying declaration, leads only to irresistible conclusion that the dying declaration in the present case is neither dependable nor acceptable document and thus is not evidence in the eyes of law against the accused to be relied upon.
The Judge further observed that the cumulative effect of what has been discussed above leads only to one irretrievable conclusion that in present case, the prosecution has miserably failed to bring on record any incriminating evidence against the accused warranting the court to call upon the accused to enter into defence. “Thus this court by invoking powers under section-273 of CrPC acquits the accused of the charges leveled against them and consequently the challan is dismissed,” the Judge said and ordered that the accused be set free by Superintendent of concerned Jail forthwith if not required in any other case.
Follow our WhatsApp channel