Staff Reporter
Durg,
Setting aside the order of the trial court, the High Court on Monday acquitted Vikas Jain and Ajeet Singh in Abhishek Mishra murder case while giving them benefit of doubt. The HC also dismissed appeal filed by Abhishek’s father IP Mishra against Kimsi’s acquittal, saying that the judgment is proper and does not call for any interference. Notably, the Division Bench of Chief Justice Ramesh Sinha and judge Ravindra Kumar Agrawal had reserved judgment in the different appeals filed in connection with the case on December 5 last year.
It is worth mentioning that Abhishek, son of educationist IP Mishra had gone missing on November 10 in 2015 and after 45 days, his body buried in the kitchen garden of a house at Smriti Nagar, Bhilai was recovered. Police had later charge-sheeted Kimsi Kamboj, her husband Vikas Jain and uncle Ajeet Singh accusing them of hatching criminal conspiracy and committing murder of Abhishek. Later, the trial court in Durg had pronounced Vikas and Ajeet guilty and sentenced them to life imprisonment while Kimsi was acquitted as she was given benefit of doubt. Mishra as well as State had moved HC against Kimsi’s acquittal while Vikas and Ajeet had too filed appeals against their convictions.
The division bench after listening to all the parties said that from overall consideration of evidence which have come on record, it would reveal that there are a lot of broken links in the prosecution’s case which does not complete the chain of circumstances for conclusively reaching to the conclusion that it was the appellants who have committed murder. While setting aside the trial court’s order, the bench said that in the light of all infirmities in the prosecution’s case and in absence of complete chain of events, it would be difficult for upholding the conviction only on the basis of circumstantial evidence of strong suspicion which has come on record.