Excelsior Correspondent
JAMMU, Aug 27: Principal Sessions Judge Udhampur, A K Koul acquitted Kamal Singh, who was facing trial in murder case, as the insensitive approach of the investigating officers led to the failure of case.
According to the police case, on June 17, 2011 an information was received in Police Station Basantgarh that the dead body of Sher Mohd was lying on the bank of river Ujh and accordingly proceedings under Section 174 CrPC were initiated.
During investigation, it came to fore that the son of the deceased was involved in militant activities in the year 2003 and during that period he killed the brother of the accused. To avenge the death of his brother the accused committed the murder of the deceased on June 7, 2011. After completion of investigation, challan was presented in the court of law.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocate Ishwar Lal Thakur for the accused person and going through case filed by the police, Principal Sessions Judge observed, “the evidence on record does not even remotely connect the accused with the commission of crime. The prosecution version has been falsified by the prosecution witnesses only”.
“No question of indicting or punishing an accused arises simply on account of heinousness of the crime or gruesome manner in which it was found to have been committed. Mere suspicion is no substitute for the legal proof required to substantiate the charge of commission of crime”, the court said, adding “the case at hand reveals the casual approach of the investigating agency in carrying out the investigation to its logical end in a meaningful manner”.
With these observations, Court acquitted the accused of the charges leveled against him.
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