Excelsior Correspondent
Srinagar, Dec 23: Observing that the law does not allow the State to file an appeal against the acquittal, the High Court has dismissed the appeal of prosecution challenging the judgment of trial court whereby five persons were acquitted from the charges of murder.
The Division Bench of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar while declining to interfere with the judgment of court below, said there is no direct evidence in the instant case and the whole case of the prosecution is based on circumstantial evidence.
The DB said, it is incumbent upon the prosecution to establish, beyond reasonable doubt, all the circumstances from which the conclusion of guilt is drawn and such circumstances must be conclusive in nature. “Moreover, all the circumstances should be complete and there should be no gap left in the chain of events”, reads the judgment.
Court said, in a case based upon circumstantial evidence, motive for the crime assumes great significance and in the instant case prosecution has alleged that there was enmity between the deceased and the accused.
The DB held that the trial court has rightly disbelieved the case of the prosecution and acquitted the accused of the charges framed against them. “In the instant case, we do not find any ground to interfere with the order of acquittal”, DB concluded.
Five persons were acquitted by the Additional Sessions Judge Kathua in 2017 for the charges of offence under Section 302 RPC. It is after completion of investigation of the prosecution, challan for offences of murder was laid before the trial court.
The trial court by way of order framed charges against the accused persons and their plea was recorded as they denied the charges and claimed trial and after hearing the parties, the court below acquitted all the accused from the charges in the year 2017.
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