The Delhi High Court on Wednesday acquitted former Union coal minister and Jharkhand Mukti Morcha (JMM) chief Shibu Soren of the charge of the murder of Shashinath Jha, as the Central Bureau of Investigation(CBI) failed to prove that the skeleton excavated from a pit in Jharkhand belonged to his slain private secretary.
A division bench of Justice R S Sodhi and H R Malhotra set aside the judgements of the trial court of December 5, 2006 saying, “The prosecution failed miserably. Trial court’s analyses of the evidence are not convincing.”
The CBI could not also prove that the skeleton dug out in Piska Nagri near Ranchi in Jharkhand was that of Jha’s, the court said. Four others — Nand Kishore Mehta, Shailendra Bhattacharya, Pashupati Nath Mehta and Ajay Kumar Mehta are also acquitted of all charges on the same grounds.
Soren, sentenced to life imprisonment, is likely to be freed if the CBI does not appeal in the Supreme Court against the High Court ruling.
Relatives cry foul
Soren’s relatives alleged that the investigating agency had changed the skeleton at the behest of the JMM Chief, to give relief to the tribal leader who is part of the coalition UPA government. The Court said that the statement of Priyambada Jha, the mother of Jha, also did not corroborate with the findings of the CBI.
Senior counsel D K Mathur, appearing for Soren, had submitted in the high court that he had been wrongly convicted in the murder of his secretary and the charges slapped on him by CBI were ‘false’. The DNA samples of the body said to be that of Jha’s  did not match that of his mother or brother, though the CBI sought clarification from forensic sciences laboratory thrice. Soren (62), presently lodged in a prison in Ranchi, faces trial for his role in a 1975 mass murder. Jha was allegedly murdered in 1994, for demanding a portion of the money that the JMM leaders reportedly received from the Congress.
Even though the DNA tests were considered to be a clinching evidence, the trial court judge wrongly relied on the skull superimposition test, he said.
JMM jubilant
The Jharkhand Mukti Morcha (JMM) on Wednesday termed the Delhi High Court’s order as a “victory of justice”. “When the lower court sentenced our Guruji to life imprisonment, we said injustice was meted out to our leader who was innocent. Today’s acquittal has vindicated our fight for justice,” JMM MP Hemlal Murmu said.

Jha’S FAMILY TO APPEAL

New Delhi, Agencies: The family of Shashi Nath Jha on Wednesday said they will challenge the Delhi High Court verdict acquitting Shibu Soren in his murder case before the Supreme Court.
“We will not spare them,” Preeti Jha, daughter of Shashi Nath, said immediately after the verdict was pronounced. “He (Soren) was sentenced to life imprisonment by the trial court after his guilt was proved, on what basis he has been acquitted now?” she said.
Meanwhile, the Government on Wednesday welcomed the acquittal of former Union Minister Shibu Soren by the Delhi High Court in a murder case, but side-stepped queries on whether the JMM supremo would be reinstated in the Cabinet.
“This is a good news. We will now win the Lok Sabha bye-election in Jharkhand,” Parliamentary Affairs Minister P R Dasmunsi told reporters.