DB sets aside life-sentence of two real brothers in murder case

Jammu: A Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta while setting-aside the life-impriosnment of two real brothers who committed the murder of their close relative Jia Lal on January 14, 2004 over a trifle issue.
After hearing Adv Anmol Sharma for the appellant whereas Sr. AAG Seema Shekhar appearing for the state, the Division Bench observed that law does not permit the court to punish the accused on basis of moral conviction or suspicion. Division Bench observed that courts while appreciating the evidence in criminal cases have to see the degree of proof higher than that of civil case.
“The law does not permit the court to punish the accused on basis of moral conviction or suspicion, court said, adding, “the burden of proof never shift, it is always on prosecution.’
All the material document in challan have to be proved beyond reasonable doubts, otherwise these are only pieces of papers; otherwise court cannot come to conclusion about guilt of accused. With these observations Division Bench set-aside the life-imprisonment and acquitted the accused from the charges.
Earlier trial court has awarded rigorous life-imprisonment and fine of Rs 10,000 each to a cop Rattan Lal and Kashmir Singh, both sons of Sant Ram of Bhaderwah, who committed the murder of their close relative Jia Lal on January 14, 2004 over a trifle issue.