Excelsior Correspondent
JAMMU, Aug 22: Principal Sessions Judge Udhampur, AK Koul has acquitted two real brothers namely Parkash Chand and Babu Ram, sons of Puran Chand, who were allegedly involved in a murder case, as prosecution miserably failed to prove the case.
According to the police case, on February 25, 2010 a source report was received in Police Station Rehmbal that a dead body was lying in a nallah near Jungal Galli. Accordingly, body was recovered and after completion of investigation in the case police presented challan in the court of law.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocate Pawan Kumar Jandial for the accused persons, Principal Sessions Judge observed, “the thrust of the prosecution has been on the fact that the accused were seen around the place of occurrence in the late hours before the occurrence so there is a possibility that they must have killed the deceased”.
“The prosecution evidence indicates that the watermill of accused was just adjacent to the watermill of deceased so their presence at or around the place of occurrence is natural. Prosecution witness says that he saw the accused coming from their watermill towards the watermill of deceased and he found the accused proceeding towards their home so if accused were found near the place of alleged occurrence it does not probablize the fact that they had gone to kill the deceased”, the court said.
The court further observed, “the prosecution evidence does not appear to be of sterling worth so as to create a doubt free nexus between the accused and guilt. There are so many suspicious patches in the prosecution evidence that leave the court with no option but to observe that the guilt has not been brought home to accused beyond all shadows of doubt”.
“There are so many doubtful aspects in the case some of which are so reasonable that the court is constrained to extend the benefit of these doubts to accused. So the prosecution case fails and is accordingly dismissed. The accused are acquitted while being given the benefit of doubt”, Principal Sessions Judge said.
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