Excelsior Correspondent
JAMMU, Jan 30: In a much publicized murder case of Pakistani Prisoner Sanaullah Ranjay inside Kot-Bhalwal Jail, Principal Sessions Judge Jammu RS Jain today acquitted Vinod Kumar, as prosecution failed.
Prosecution case against the accused Vinod Kumar is that on May 3, 2013 at 8.15 AM at Kot Bhalwal Jail the accused Vinod Kumar who is presently a convict lodged in Kot Bhalwal Jail murdered a prisoner namely Sana Ullah with a blow of Gainti on the head of deceased who died on May 9, 2013. The accused was charged with the commission of offence punishable under Section 302/201 RPC. His statement was recorded, who denied his guilt and claimed trial.
Principal Sessions Judge Jammu RS Jain observed that APP has submitted that the prosecution has fully proved its case and the witnesses examined by the prosecution have connected the accused persons with the commission of offence with which he has been charged, as such, accused be convicted under Section 302/201 RPC whereas counsel for the accused has submitted that the testimony of the witnesses examined by the prosecution do not connect the accused with the commission of murder of Sana Ullah in any manner whatsoever. He further submitted that none of the witnesses have deposed that they had witnessed the occurrence as made out by the prosecution. Hence their being no evidence on record to connect the accused with the commission of offence, the accused deserves to be acquitted.
Principal Sessions Judge Jammu RS Jain further observed that the contention of the defence counsel has force and has to be considered and have perused the statements of witnesses examined by the prosecution during pendency of case. None of the witnesses have stated that they had seen the accused Vinod Kumar assaulting and inflicting vital injuries on the deceased Sana Ullah with Gainti. The prosecution has failed to examine the investigating officer which also has caused prejudice to the accused as argued by the defence counsel. It is settled principle of law that the prosecution is under obligation to prove the guilt of the accused by leading clear and cogent evidence. In the present case the prosecution has failed to prove the guilt of the accused by leading cogent and clear evidence and looking to the facts and circumstances of the case, the accused is acquitted of the charge framed against him.
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