| HC splits verdict in RS Pura killing, acquits 3, upholds conviction of one | | | Early Times Report
Jammu , Apr 23: In a split verdict in the 2014 R.S. Pura murder case, the High Court of Jammu & Kashmir and Ladakh has acquitted three convicts while upholding the conviction and life sentence of Deepak Singh, holding that the prosecution failed to prove the case against the co-accused beyond reasonable doubt, but succeeded in establishing a complete chain of circumstances against Deepak Singh.
The judgment was delivered by a Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar in Criminal Appeal. The appellants were represented by R.K. Kotwal, Advocate, with Fahim Ahmed Mir, Advocate, while the Union Territory was represented by Sunil Sethi, Senior Advocate, Ravinder Gupta, AAG, with Palvi Sharma, Advocate, Mehar Bali, Advocate and Abdul Hafeez, Advocate.
The case arose out of FIR No. 132/2014 registered at Police Station R.S. Pura under Sections 452, 302, 34 RPC read with Sections 4/25 and 30 of the Arms Act in the killing of Vinod Kumar. All four accused had earlier been convicted by the trial court and sentenced to imprisonment for life, prompting the appeal before the High Court.
Upon reappraisal of the evidence, the High Court found serious infirmities in the prosecution version against Shammi Singh, Manjeet Singh and Charanjeet Singh. The Bench noted that the prosecution case rested primarily on three alleged eye-witnesses whose statements suffer "The case against Deepak Singh stood on a different footing. It held that the medical and ballistic evidence clearly established that the deceased died due to a firearm injury caused by a 12-bore shotgun linked to Singh."
Holding that the prosecution had failed to prove common intention under Section 34 RPC or active participation of the three co-accused in the crime, the Bench set aside their convictions and sentences and directed that they be released forthwith, if not required in any other case.
However, the Court said the case against Deepak Singh stood on a different footing. It held that the medical and ballistic evidence clearly established that the deceased died due to a firearm injury caused by a 12-bore shotgun linked to Deepak Singh. The Bench also relied on evidence showing that cartridges had been issued to him shortly before the occurrence and that he had remained absent without authorization from the Army Transit Camp during the crucial period, which, according to the Court, formed an unbroken chain pointing to his guilt.
The High Court accordingly dismissed the appeal to the extent of Deepak Singh and maintained his conviction under Section 302 RPC, while partly allowing the appeal of the remaining three appellants, thus delivering a split verdict in the long-pending murder case. (JNF) |
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