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DB acquits former SSP, Ors in murder case
12/31/2015 10:46:46 PM
Early Times Report
Jammu, Dec 31: A Division Bench of State High Court Comprising Justice Bansi Lal Bhat and Justice Janak Raj Kotwal acquitted then SSP Karnail Singh son of Khazan Chand, Ratno Devi wife of Karnail Singh, Naresh Kumar son of Hans Raj, Sohan Lal alias Sonu alias Khand son of Amar Nath, Jeet Kumar alias Jeeta son of Thoru Ram, Jaimal Kumar alias Jeebu son of Sat Pal, Daleep Singh alias Lucky son of Puran Chand and Suresh Kumar son of Babu Ram who killed one Nitin Sharma.
Division Bench after hearing Advocates Sakal Bhushan, Rajneesh Oswal and Anil Khajuria appearing for the accused whereas AAG LK Moza appearing for the state observed that The facts emerging from the circumstantial evidence adduced do not form a complete chain of evidence to justify the inference that the murder of deceased was committed by accused in pursuance of a criminal conspiracy hatched inter se the accused to eliminate the deceased.
It is a case of shoddy investigation and the accused have been able to escape penal consequences on account of flaws in investigation. Investigating Agency has faltered and justice has become a casualty due to faulty investigation. They must be made accountable for it. We say so because the evidence brought on record at trial raises strong suspicion about complicity of accused in murder of deceased. However, suspicion, howsoever strong, cannot be a substitute for legal proof.
With these observations, Division Bench set aside and finding of guilty recorded against accused by trial court is reversed. The appeals are allowed and as a sequel thereto, reference made by the trial court for confirmation of sentence of life imprisonment is rejected. Accused be set at liberty forthwith unless wanted in some other case. (JNF)
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