Trio charged with culpable homicide bid acquitted
New Delhi: Three men facing trial in a case of attempt to commit culpable homicide not amounting to murder have been let off by a Delhi court due to contradictions in testimonies of the complainant and a witness.
Extending the benefit of the doubt to accused Imranuddin, Samruddin and Shahabuddin, Additional Sessions Judge Narinder Kumar acquitted the trio as testimonies of the complainant and one of the witnesses were contradictory, while another witness had pleaded ignorance about the incident.
"When prosecution witness Mohd Mursaleen has not supported the case of the prosecution and the ocular account of Mohd Rahis (complainant) and Mohd Haroon (witness) are in contradiction... The accused persons are entitled to acquittal," the judge said.
The accused had been put on trial on charges of attempting to commit culpable homicide not amounting to murder under Section 308 of the Indian Penal Code on Rahis' complaint.
Rahis had alleged Imranuddin and Shahabuddin, armed with rods, and Samaruddin wielding a sword had attacked him near a government school at Shadipur here on October 14, 2009 night, while he was on way back home. He was attacked by the trio due to some past enmity, he had added.
But the court let off the trio on account of differences in the versions of depositions of Rahis and witness Haroon.
"Rahis (has) stated that as a result of iron rod blow given by accused Shahabuddin on his leg, he fell down whereas Haroon (has) stated that as a result of the sword blow given by accused Samruddin, Rahis fell on the ground.
"A perusal of the statement of Rahis and Haroon would reveal they have made contradictory statements as to what led Rahis to fall on the ground," the court said, acquitting the trio.