Relief for four in murder case as eyewitnesses turn hostile

March 19, 2015 12:00 am | Updated 05:34 am IST - New Delhi:

A Delhi court has acquitted four persons in a murder case as the eyewitnesses turned hostile and evidenced that the victim had a fall from stairs contrary to the prosecution’s charge that the accused had fatally beaten him.

The case against accused Anil Kumar, Pankaj Goel, Prema Arora and Rajesh Kumar, was that they had beaten Sachin Arora to death over alleged disputes regarding payment of a loan amount between the victim and the accused.

The prosecution examined as many 47 witnesses, including the two brothers and the mother of the victim, to prove the case.

There was a dying declaration of the victim given to his brothers, but the court rejected it. When the eyewitness account of the case fell, the court evaluated the circumstantial evidence, but the prosecution failed to make a unbreakable chain of circumstances.

The medical evidence also went against the prosecution. “It has not been established beyond reasonable doubt that the deceased was given beatings. Rather the eyewitness account and the medical evidence are to the contrary,’’ the court said.

“The sum and substance of the above discussion is that the dying declaration is not believable; the eyewitness account rather supports the version of the accused; and the circumstances sought to be proved against the accused are not satisfactorily proved and are unable to indict the accused. Benefit of doubt therefore goes to the four accused and they are acquitted of the charges,’’ the judge said.

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