Excelsior Correspondent
JAMMU, Sept 28: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri has set aside the life imprisonment awarded by Principal Sessions Judge Kathua to one Raj Kumari, who had murdered one Soma Devi for ear rings.
After hearing Advocate Deepika Mahajan with Advocate Athrav Mahajan for the appellant whereas AAG Ravinder Gupta for the UT, DB observed, “the prosecution evidence is found not only legally flawed but discrepant on material aspects of the case. A studied appreciation of the prosecution evidence leaves no room for doubt that prosecution has badly failed to prove that appellant was last seen in the company of the deceased”.
“The disclosure statement attributed to the appellant and the consequent recovery of the ornaments, allegedly stolen from the person of the deceased, is not in accordance with the provisions of Section 27 of the Evidence Act. Therefore, the prosecution has failed to establish a complete chain of circumstances consistent with hypothesis of the guilt of the accused”, the DB added.
“There is merit in the present appeal. Hence, the same is allowed and the impugned judgment of conviction and order of sentence passed by trial court are set-aside. The appellant is relieved of her bail bonds”, the DB said.
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