Excelsior Correspondent
JAMMU, May 18: Principal Sessions Judge Rajouri R N Wattal has acquitted two alleged accused in a murder case as the evidence brought on record by the prosecution regarding complicity of the accused in the commission of crime was not convincing and beyond shadow of doubt.
The accused persons namely Ashok Kumar, son of Foju Ram and Narayan Dass, son of Des Raj, both residents of village Tibber in District Gurdaspur of Punjab (presently putting up in Ward No.7 of Rajouri) were arrested for committing the murder of Pawan Kumar.
After hearing both the sides and perusal of charge-sheet, Principal Sessions Judge observed, “the tenants and respectable members of the society, who were residing in the house and the locality where the crime took place, have not being listed as a witnesses in the case whose testimony could have been very helpful in separating the grain from shaft”, adding “withholding of this important witness goes against the prosecution and demolishes prosecution case”.
“There is the material contradiction in the statements of witnesses to disclosure statements of accused and recovery of weapon of offence and court cannot lose sight of the same, because the material contradiction in the testimony of witnesses goes against the prosecution and dents its credibility”, the court said.
The court further said, “when the case is squarely based upon circumstantial evidence, it should be endeavor of investigating agencies to leave no stone unturned to prove each and every chain of circumstances by clinching evidence”, adding “as per the prosecution case, accused brutally attacked the deceased with taintha (servicing spoon). This aspect of the case could have been proved beyond doubt, if the finger prints on the taintha (servicing spoon) of the deceased could have been taken and also of the accused, then sent to FSL to confirm the finger prints but Investigating Officer has failed to do so”.
Moreover, there has been delay in recording statements of witnesses and no explanation has been furnished whatsoever in this regard and same affects the prosecution case and renders it suspicious, concocted and manipulated, the court said, adding “the evidence brought on record by the prosecution when considered in conjunction with testimonies of doctors, does not link the accused directly or indirectly with actual act leading to the death of the deceased”.
The prosecution has miserably failed to prove by cogent and clinching evidence that accused had borrowed money from deceased Pawan Kumar and there were arguments between accused and deceased Pawan Kumar while watching TV etc, the court said.
Stating that evidence brought on record by the prosecution regarding complicity of the accused in the commission of crime was not convincing and beyond shadow of doubt, the court said, “the accused are, therefore, entitled to be given the benefit of doubt. Accordingly, the chargesheet is dismissed and accused are acquitted of the charge under Section 302 RPC. They are in judicial custody at District Jail, Dhangri, and are directed to be released forthwith if not detained in any other case”.
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