New Delhi, Jun 26 (PTI) A Delhi court has acquitted two accused persons of attempt to murder charge, saying the prosecution failed to prove the case against them beyond a reasonable doubt.
Additional Sessions Judge Navjeet Budhiraja was hearing the case against Avtar Singh alias Sunny and Amandeep, booked under Sections 307 (attempt to murder) and 34 (common intention) of the IPC.
According to the prosecution, the duo inflicted grievous injuries on the victim, Mohit, on June 18, 2018.
In an order dated June 9, the court said the testimony of the complainant and eyewitness Shera, who was the victim鈥檚 brother, was full of discrepancies, and it could not be said that he witnessed the incident.
On the victim鈥檚 testimony, the court said, 鈥淚n case the testimony of the injured is found to be infested with irregularities and when read with other circumstances, the same is found to be not enthusing confidence, there is a scope to reject the said testimony of the injured.鈥 Mohit, the order noted, failed to recognise accused Amandeep and 鈥渧acillated鈥 on identifying co-accused Amandeep.
The court also said that the recovery of the alleged weapon of offence, a knife, was 鈥渟hrouded in doubt.鈥 鈥淭he injured specifically deposed that the knife was broken and its blade was left in his wound. In such an eventuality, it is unlikely that the investigating team recovered the complete knife at the instance of the accused Avtar Singh,鈥 the order said.
The court underlined 鈥済aping holes in the investigation鈥 as the material on record failed to show when the injured became fit to record his statement.
Therefore, the prosecution did not prove the charges against the accused persons beyond a reasonable doubt, the court said.
鈥淭he benefit of doubt is accorded to the accused persons, both of whom stand acquitted of the charge and are set at liberty,鈥 it held. PTI MNR MNR AMK AMK