Excelsior Correspondent
JAMMU, Sept 21: Principal Sessions Judge Kathua, M K Hanjura, has acquitted four murder accused as the prosecution failed to prove its case.
According to the police case, on August 25, 2010 accused namely Umar Din, son of Abdul Rashid, Kousar Ali, son of Umar Din, Fatima Bibi, wife of Umar Din, Sukarain, wife of Mohd Sharief and Amina Begum set ablaze Maryam Begum in her house at village Dhoni Dhar.
In order to dodge the police the accused persons themselves shifted the victim to local hospital at Basholi and forced her to make a false statement that the fire was accidental. On August 30, 2010 Shakeel Ahmed, the brother of the deceased, filed a complaint about the occurrence before the local Magistrate who forwarded the same to the Incharge Police Station Basohli for investigation.
Accordingly, a case under Section 307 RPC was registered and investigation started. On September 2, 2010, the deceased succumbed to the injuries in the GMC Jammu and the offence 307 RPC was converted into 302 RPC. After completion of investigation, police presented challan in the court of law.
After hearing Public Prosecutor Ravi Kumar Gupta for the State whereas Advocate Y C Katoch for the accused persons, Principal Sessions Judge, M K Hanjura observed, “the way the Pritam Singh (ASI) and Girdhari Lal (Head Constable) have conducted themselves in the discharge of their functions and duties, speaks volumes of work done in a very slipshod manner”.
“There are two dying declarations of the deceased on record. Two versions of the incident have been put forward in these two dying declarations, which are quite different and inconsistent with each other. This casts various doubts about the truthfulness of the dying declarations. There is no other reliable evidence on record that could be considered by this Court for corroborating either of the two dying declarations to ascertain their truthfulness”, the Court said, adding “it is a well-settled that one piece of unreliable evidence cannot be used to corroborate another piece of unreliable evidence”.
“Viewed in this contest a judicial process cannot be issued in the manner as the circumstances of the case do not in any way connect the accused with the crime”, the Court further observed and acquitted the accused of the charges leveled against them except accused Amina Begum against whom proceedings under Section 512 CrPC have been initiated.
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