Court acquits Dhanas resident in five-year-old attempt to murder case

A local court has acquitted Rahul, a resident of Dhanas, Chandigarh, in a five-year-old attempt to murder case after the prosecution failed to prove the charges. The court said the complainant could not identify the accused in court and tampering with the evidence couldn't be ruled out.

The police registered the case against the accused under Sections 307, 324 and 34 of the Indian Penal Code at Sarangpur Police station on September 21, 2020, on a complaint by Dharminder. He reported that on September 20, 2020, at about 9.10 pm, his neighbour Nishu, started quarrelling with him while he was sitting in a park near his house. He also called his brother Rahul and asked him to kill the complainant.

They entered a fight and Rahul attacked Dharminder with a knife. Thereafter, both the brothers fled away from the spot. Dharminder was admitted in Sector 16 hospital, from where he was referred to PGI.

On completion of investigation, a chargesheet was presented against the accused in the court for trial. Finding prima facie case, charges were framed against the accused, to which he pleaded not guilty and claimed trial.

Barun Jaswal, counsel of the accused Rahul, argued that the complainant had not supported the case of the prosecution. He stated that he never moved any complaint to the police. So far as blood of the injured on the knife allegedly recovered from the accused was concerned, it was deposited by the investigating officer in the laboratory. Before that, the the parcel of the evidence was with him. Hence, possibility of tampering with the evidence couldn't be ruled out.

After hearing the arguments, the court acquitted the accused of the charges framed against him. The court said the complainant had not supported the case of the prosecution. The parcel and seal of the blood-stained knife was with the investigating officer at the time of depositing with the CFSL and in such circumstances possibility of tampering with case property couldn't be ruled out. Especially when no evidence was on file, showing that the recovered knife had fingerprints of the accused.