Excelsior Correspondent
JAMMU, Sept 28: Principal Sessions Judge Udhampur, AK Koul today acquitted Biru, son of Raju of Ladda Udhampur, who was facing trial in the murder of his father.
According to the police case, on November 29, 2012 a telephonic message was received in Police Station Chenani that the dead body of Raju was lying in his house. On receiving this information police party proceeded on spot and found that deceased had severe sharp weapon injuries on his head and legs. During preliminary inquiry it came to fore that on the night intervening 28/29th of December 2011 the accused had repeatedly assaulted his father/deceased with an axe and this led to latter’s death.
After hearing both the sides, Principal Sessions Judge observed, “prosecution witness has turned hostile though during her statement under Section 164-A CrPC. She has supported the prosecution version completely but during her statement at trial she says that she was not present on spot nor was accused there at the relevant time”.
“She has changed colours like chameleon, being unmindful of the fact that a person who was dead was her husband. Probably she was under compulsion because her husband was no more and how could she see her son on gallows. The other witnesses examined by prosecution have also not supported the prosecution story as was expected of them”, the court said.
“The prosecution witness Mani Ram has also turned hostile and has refuted the suggestion that he was informed by the wife of the deceased that accused killed the deceased. He too states that he was forced by police to give the statement against the accused under Section 164-A Cr.PC”, the court observed.
With these observations, the Court acquitted the accused. “It is necessary to put on record that the conduct of prosecution witnesses namely Mani Ram, Shanoo and Vaishno Devi has been reprehensible. They have changed stands from time to time and have deposed at trial completely in conflict with their versions recorded under Section 164-A CrPC before the Magistrate”, the court said.
Accordingly, the Court put these prosecution witnesses on notice to show cause as to why they should not be tried summarily and punished for deposing contrary to their statements. The notices were issued to them through SHO Police Station Chenani.
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