Excelsior Correspondent
JAMMU, June 25: Court of Additional Sessions Judge -Doda, Amarjeet Singh Langeh dismissed a challan pertaining to year 2015 involving a case of an alleged attempt to murder and acquitted the accused for lack of adequate and credible evidence.
The prosecution case was that Police Station Assar received complaint on 12-12-2014 to the effect that injured in the case a government employee in PHE department and while he went to release water from water tank, accused with intention to kill him, assaulted him on the head as a consequence of which he was seriously injured. After completion of investigation, challan under Sections 341/323/307/332/34 RPC was presented in the Court of Magistrate concerned whereafter it was committed to the Court of Addl. Sessions Judge – Doda for trial. State examined all the witnesses in the case.
While going through the evidence of injured (the only direct evidence available) Court noted that if according to injured “one accused was having a Danda in his hand who allegedly assaulted him on head while as remaining two co-accused were also armed with Drat and Kulhara and if all the three had actually intended to kill him, then they would not have chosen to assault him with one Danda only and left him there. Further, according to Court, the version of injured only pushed the case of prosecution in the realm of doubt.
Prosecution also failed to prove recovery of weapon of offence(Danda). According to prosecution, weapon of offence was offered by Meena Devi and thereafter it was seized by Investigating Officer who in her testimony deposed that on the day of seizure of weapon she was at hospital in Jammu along with her husband. “Once according to Meena Devi herself that on 12-12-2014 she was at Jammu in connection with treatment of her husband and remained there for 10/15 days – then for Investigating Officer or prosecution to say that weapon of offence was offered by Meena Devi and same was seized is therefore nothing but a prevarication and prosecution case as such is incapable of being given any credence”, Court further held.
With these observations, the Court dismissed the challan and acquitted the accused by further noting that remaining witnesses in the case have only heard about occurrence and there evidence therefore is “heresay”.
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