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| DB acquits advocate, sets aside death sentence | | |
Early Times Report
Jammu, Mar 12: Division Bench of the State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar set-aside the death sentence of Subash Chander in murder of his wife and acquitted him from all the charges.
Division Bench after hearing both the sides observed that no definite answer can be given as to whether the death was caused because of forceful drowning or accidental drowning. It does not appear that the prosecution has been able to rule out the possibility of the death of Sunita Devi being accidental.
DB further observed that on examining the postmortem examination report and the injuries indicated therein and the conduct of the appellant, it cannot be said with certainty that the death of Sunita Devi was homicidal.
Division Bench after hearing both the sides observed that consequently, after giving benefit of doubt to the accused on both counts, the appellant/ accused is acquitted of the charges.
The impugned judgment and the order on sentence are set aside. The confirmation reference is also disposed of. The appellant is present in Court and has been produced in custody. He is at liberty to leave the Court and is free to go home. |
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