Excelsior Correspondent
JAMMU, Sept 9: Sessions Judge Kathua, M K Hanjura has acquitted two accused in the murder case after the prosecution failed to establish case against them.
According to the prosecution case on October 23, 2010, one Shimlo Devi, wife of Gian Chand of Sadhrota Morha, Katola left for the place of her dwelling from Government Primary School, Bathori where she was working as a cook.
On reaching Sadhrota, two persons namely Keshu Ram and Parkash Chand, on account of an old animosity and in furtherance of a common intention, intercepted her and brutally assaulted her thereby causing grievous injuries including severe damage to the spinal cord.
Ashok Kumar, son of Shimlo Devi reported the occurrence to the Malhar Police and according a case was registered. On November 2, 2010, Shimlo Devi succumbed to injuries. After completion of investigation into the case, Malhar Police presented challan in the court of law under Section 302/341/34 RPC.
After hearing Public Prosecutor Ravi Kumar Gupta and Advocate Y C Katoch for the accused persons, Sessions Judge, Kathua, M K Hanjura observed, “the prosecution case revolves primarily on the ocular evidence and the dying declaration made by the deceased. From an analysis of the prosecution evidence on record what comes to the fore is that none of the witnesses examined by the prosecution except the husband of the deceased have supported the prosecution case”.
“The son of the deceased has introduced a different version in his statement which is wholly inconsistent with the prosecution case. In his cross examination he has been empathetic in stating that he suspected the involvement of the accused and this prompted him to report the occurrence against the accused”, the Court observed, adding “the statement of daughter of the deceased is that Shimla Devi died on account of a fall from hillock. Moreover, the statement of Gian Chand reveals that he too has not witnessed the occurrence”.
“As far as dying declaration of the deceased is concerned, from a bare glimpse of it which can be stated that the police authorities, in their ingenuity to manipulate the record, have recorded the alleged statement of the accused after her death”, the Court observed, adding “;this is borne out from the statements of the police personnel themselves, who accompanied the SHO to the place of occurrence”.
Stating that prosecution has miserably failed to connect the accused with the commission of the crime, the Sessions Judge, M K Hanjura acquitted the accused of the charges leveled against them.
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