Excelsior Correspondent
Jammu, July 31: Court of Additional Sessions Judge, Doda, Amarjeet Singh Langeh, today dismissed the challan title State Vs. Om Parkash and others and acquitted the accused who included three women also.
Allegations against accused were that on 11.02.2011, complainant in the case presented a complaint in the court of chief Judicial Magistrate, Doda alleging therein that accused harbour long standing enmity with him and with revengeful intention, they barged into his house and assaulted him, his wife and daughter-in law with dandas and axes and wooden fence of the garden of the complainant was also put on fire besides pelting stones on them indiscriminately.
The complaint was forwarded by Chief Judicial Magistrate, Doda to Police Station where FIR No. 32/2911 for offences under sections 452/435/436/336/506/323/147/148 of RPC was registered and investigation started.
While Additional Public Prosecutor argued the case for state, accused submitted that they cannot afford services of a lawyer and contended that case is more than ten years old and be decided on merits. Accused pleaded that they are innocent and have been falsely implicated in a frivolous case over land dispute.
With regard to complainant, his wife and daughter-in law, court observed that the three witnesses are “interested witnesses” and their testimony has to be Scrutinized with great caution. Notably, independent eye witnesses did not support the prosecution version.
“The dominant theme of prosecution case, therefore, is discredited by the evidence of these five witnesses in the case. And in wholesome this feature only dents the veracity of prosecution case.” Court ruled”, adding, “This testimony of complainant and his wife, therefore, does not furnish un-impeachable basis to implicate accused nor link of weapon of offence with accused could be proved”
With these observations, the Court dismissed the challan and acquitted the accused.