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| Court acquits five accused as eye witnesses turned hostile | | Jagti Migrant Murder case | |
Early Times Report
Jammu, Dec 21: In a much publicized Jagti Migrant murder case in which police presented challan against five accused, Principal Sessions Judge Jammu Sanjay Gupta acquitted all the five accused namely Sunit Singh, Naresh Sharma, Gourav Partap Singh, Chankar Singh and Uttam Singh as eye-witnesses turned hostile. Principal Sessions Judge Jammu Sanjay Gupta after hearing Sr Adv BS Salathia with Adv Bhanu Salathia and Adv Ajay Vaid appearing for the accused persons observed that in appreciating the evidence against the accused persons, evidence of prosecution should be legally admissible and witnesses should be credible and should not have an interest in implicating the accused falsely.
Court further observed that when the prosecution does not come out with, whole unwarranted truth, then court has to appreciate the veracity of witnesses not solely from their individual statement but put their testimony taken in conjunction with all other facts and circumstances brought out during the trial.
Court after carefully analyzing of all the evidence, observed that neither motive has been proved and nor it has proved that accused were perpetrator of crime, moreover eye-witnesses tuned hostile. With these observations court acquits all the accused by giving benefit of doubt.
According to prosecution case against accused persons namely Sumit Singh, Naresh Sharma, Gourav Partap Singh, Chankar Singh and Uttam Singh is that on 4/8/2013 complainant Ankush Talashi lodged a written report in police station Nagrota stating therein that on that day at about 7 PM, he along with his father namely Tej Nath Talashi and uncle Pyare Lal Talashi were on regular evening walk towards Flyover Jagti. a vehicle bearing registration no.JMU-7778 in which four persons Sunit Singh son of Sham Singh, Naresh Kumar Sharma son of Dwarka Nath and Gourav Partap Singh son of Ved Parkash (out of which three were known to him) and one more person alighted down from the vehicle and forcibly tried to kidnap him on account of old enmity. When his father resisted and raised alarm, they threatened to kill him but his father continued to resist and three of them caught hold of his father and one of them namely Sunit Singh hit his father with sharp edged weapon inflicting serious injuries. The injured was shifted to GMC Hospital Jammu for treatment in critical condition. On the written report of complainant, FIR No.249/2013 u/s 307/364/34 RPC r/w 4/25 Arms Act was registered in Police Station Nagrota. During investigation the injured Tej Nath Talashi succumbed to the injuries in the hospital and offence under section 302 RPC was added. ( JNF) |
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