Excelsior Correspondent
JAMMU, June 24: Division Bench of State High Court comprising Justice Virender Singh and Justice Mohammad Yaqoob Mir has set-aside the life-imprisonment awarded by Sessions Court, Kathua in a murder case and acquitted the accused of the charges leveled against him.
According to the prosecution case, deceased Pardeep Singh alias Guddo was running a tea stall near CTM (Chenab Textile Mill), Kathua and on the fateful day he was intercepted by Tara Chand, who inflicted severe injuries on the deceased with a sharp edged weapon.
Accordingly, a case under Section 302 RPC was registered and after completion of investigation challan was presented in the court of law on August 18, 1997 and in the year 2010, Trial Court awarded life-imprisonment to Tara Chand for committing murder of Pardeep Singh. The judgment of the Trial Court was later challenged in the High Court.
After hearing Senior Advocate BS Salathia with Advocates Bhanu Singh Salathia and Meenakshi Salathia for the appellant whereas AAG Seema Shekhar for the State, DB observed, “the defective investigation, major contradictions in the statements of the witnesses and position of the witnesses being relative have to be analyzed”.
“On the basis of trivial contradictions and inconsistencies and on account of the witnesses being relative witnesses, the accused cannot earn acquittal but the test is that their deposition must be such so as to inspire confidence for recording conviction”, the DB said, adding “while appreciating the entire evidence of the case and analyzing all the particulars, it is quite evident that the depositions of the witnesses coupled with the statement of IO do not inspire confidence for the reasons as noticed in detail”.
“It can be safely concluded that the prosecution has not succeeded in proving the case beyond doubt. Grave inconsistencies, embellishment, concoction and contradictions persuade us to hold that the accused is entitled to the benefit of doubt”, the DB said.
With these observations, DB set-aside the order of sentence and acquitted the accused.
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