Prosecution failure leads to acquittal of four in culpable homicide not amounting to murder case

03/01/2019

JAMMU, JAN 02: 2nd Additional Sessions Judge Jammu Virender Singh Bhou acquitted four persons namely 1. Munish Bhandari son of Shiv Kumar resident of Moti Bazar, Jammu, Munish Khanna son of Jatinder Khanna resident of Rehari Colony, Jammu, Puneet Kumar son of Deepak Kumar resident of Sarwal, Jammu and Rakesh Kumar son of Suraj Parkash resident of Sarwal Colony, Jammu allegedly involved in 304 RPC (culpable homicide not amounting to murder), as prosecution has not been able to establish the ingredients of alleged offence against the accused beyond reasonable doubt.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing both the sides observed that seized articles have not been proved in the court by the I.Oand the entire evidence is full of contradictions and conjectures and contradictions go to the root of the case.
The facts of the case is that on 02-06-2009 an information was received by the Police of P/s Akhnoor through reliable sources that at about 5 PM five persons including one women was smoking charas and on the instigation of four men i-e accused persons, that women went towards river Chenab where she slipped into the river Chenab and washed away.
On this information FIR bearing No. 112/2009 dt. 02.06.2009 for offence under Section 304 RPC was registered against the accused persons and after investigation, challan was produced against all the four accused. JNF

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