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HC sets aside life imprisonment of 3 murder accused

Kashmir Times. Dated: 2/22/2018 2:27:07 PM

JAMMU, Feb 21(JNF):Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Dhiraj Singh Thakur, while deciding 13 years old criminal appeal, Wednesday set-aside the life-imprisonment of three appellants and acquitted Ajeet Singh, Jagdish Kaur and Prem Singh.
As per the prosecution version, material collected during investigation had established the complicity of the appellants in the commission of the murder of the deceased. They were arrested and subjected to interrogation. As per case of the prosecution, the motive for the crime was that the deceased had illicit relations with appellant Jagdish Kaur, but of late the deceased was attempting to establish illicit relations with the young daughter of Jagdish Kaur which was resented to by the appellants prompting them to engage in a conspiracy to commit the murder of the deceased. Apparently, as per the prosecution, disclosure statements were made by two of the accused/appellants in respect of their alleged blood stained clothes which allegedly were recovered at the instance of the appellants (Ajeet Singh and Prem Singh). As per the prosecution, the clothes were sealed and sent for chemical examination to the Forensic Science Laboratory, Jammu. The prosecution version indicated that after meticulous planning, the appellants called the deceased (Jaspal Singh) to the house of the appellant Jagdish Kaur in the evening of August 17,1999 and that Jaspal Singh went to her house on the pretext that he was going to see an ailing friend admitted in the Hospital at Bakshi Nagar. As per the prosecution version the deceased Jaspal Singh was confined by the appellants at Jagdish Kaur's house and was strangulated to death.
Division Bench after hearing advocate Mandeep Reen for the appellant and senior AAG SS Nanda appearing for the state observed, “It is evident from the above discussion, that there are many missing links and the chain of circumstances which could have connected the appellants with the commission of murder of the deceased Jaspal Singh is far from complete.”
“There is serious doubt with regard to the prosecution case. The benefit of such doubt must, therefore, go to the appellants,” with these observations Division Bench allowed the appeal and set-aside the conviction awarded by the trial court.