Excelsior Correspondent
JAMMU, July 2: Principal Sessions Judge Jammu RS Jain today acquitted Naushad Khan son of Attar Khan resident of Akal Tola, Tehsil and Distict Saiwang, Bihar at Present Trikuta Nagar Ext., Jammu who was facing trial in murder case of one Behari Lal for only Rs 3500/-, as prosecution failed. According to the police case during interrogation, accused Naushad Khan informed the IO that on 20.6.2011 at 9.30 P.M., he had called the deceased Behari Lal and both of them had gone to Preet Nagar, Gangyal. Accused also informed that he had taken hammer whose handle is made of PVC pipe and he had suspicion that deceased Behari Lal was in possession of large sum of money and due to this reason he called Behari Lal and took him to the house of Sumit Kour situated at KC Colony where accused Naushad Khan was working as a mistry as well as night watchman. He took BehariLal to second story of the aforementioned house and with the intention to murder Behari Lal, accused threw Behari Lal from the second floor. Since there was sand and Bajri lying on the ground, Behari Lal did not die and was trying to get up whereupon accused came down stairs and hit Behari Lal on the right side of the head with the hammer. The hammer fell down from his hand. Thereafter accused hit Behari Lal with a big stone and thereby murdered Behari Lal. Thereafter during the search of Behari Lal, the accused took out Rs.3500 from the vest pocket of deceased Behari Lal and hid the wallet containing voter card and photo of deceased and also hid the stone with which he had murdered Behari Lal in the bushes. The accused dragged the body of Behari Lal into the vacant plot and hid the body under the bushes in a corner and covered the dead body with thorny bushes. After completion of investigation challan was presented. Principal Sessions Judge Jammu RS Jain after hearing Adv AP Singh for the accused whereas Public Prosecutor Shabir Choudhary for the State, observed that In the light of the factors that evidence regarding the recovery of the incriminating materials from the accused persons has been discarded; that there has been sufficient time gap between the instances when the accused persons were last seen together with the deceased persons; and in the absence of any other corroborative piece of evidence to complete the chain of circumstances to fasten the guilt on the accused couple, Court is of the opinion that the accused is to be given the benefit of doubt. Court further holds that the prosecution has failed to bring home the charge against the accused person for the offence under Sections 302 RPC. In this background, accused Naushad Khan is hereby acquitted of the charge under Sections 302 RPC and directed to release him if he is not involved in any other case.
Follow our WhatsApp channel