Excelsior Correspondent
JAMMU, June 11: Principal Sessions Judge Kathua, M K Hanjura acquitted Som Raj alias Rahul and Chetan Sharma alias Shottu, who were involved in a murder case as prosecution failed to establish charges against them.
According to the police case, on the night intervening of June 22 and 23, 2012 the accused persons barged in the house of Sham Lal and inflicted severe injuries on him with the help of sharp edged weapon leading to his death.
Accordingly, a case under Section 302/34/458 RPC and 4/25 Arms Act was registered at Police Station, Billawar and after completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “the statement of the prosecution witness, namely Raj Kumari and Aarti Devi, which have been recorded under Section 164-A CrPC invite a comment and action. In their statements made before this court they have changed colours like a chameleon. In their statements recorded under Section 164-A CrPC they have pleaded the occurrence of the event and subsequently done a U-turn by stating that occurrence took place in a different mode and manner”.
“This runs contrary to the statements recorded under Section 164-A CrPC. There is reason to believe that these witnesses have committed perjury. A notice shall, therefore, be given to them to show cause as to why they shall not be punished for giving false evidence”, the Court said.
“Experience of dealing with cases of crime, ranging from venial to murder, in the District Courts, leads one to observe that the prosecution cases are generally foredoomed to failure due to moral, ethical and veridical mettle of the witnesses, ordinarily chosen, on both sides, being as base as base can be and as brittle as brittle can be”, the Court said, adding “the general bulk of these witnesses is of weak, conscience with no moral fibre”.
“The sole consideration with the witness is his/her crassly selfish motives which may be monetary, taking revenge, enemity, inveterate hatreds within the family circles, settling the scores rather than following their conscience. There are no sensitive and human characteristics exhibited or involved. What can one say of witnesses who change their sides and stands without even so much as batting an eyelid! Daughters/sons turn against fathers/mothers or vice versa! Wives turning against husbands or vice versa! These are everyday occurrences in the court with the litigious parties and this case is not an exception to it”, Principal Sessions Judge said.
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