Excelsior Correspondent
JAMMU, Dec 24: Principal Sessions Judge Bhaderwah, M K Sharma has acquitted Mohammad Yasin code Kalu Khan, who was facing trial in murder case as prosecution miserably failed to prove the offence.
According to the police case, on August 23, 2002 the accused/terrorists armed with AK 47 rifles entered the house of deceased Kalu Khan at village Sawara, tehsil Gandoh, called Kalu Khan and his son Mehboob Khan, SPO in Police Department, in compound of their house and fired upon them with their high velocity rifles killing them on spot.
On receipt of this information a case was registered and the investigation was entrusted to ASI Qutab Din. The IO went to the spot and prepared the site plan. Dead bodies were seized and after autopsy handed over to their legal heirs for last rites. Four empty cartridges of AK 47 rifle were seized. Statements of witnesses were recorded. The investigation culminated in filing of final police report under Section 173 CrPC.
After hearing both the sides, Principal Sessions Judge observed, “the challan was presented in the absence of the accused. After the arrest of the accused no effort was made to interrogate him to recover weapon of offence or collect other circumstantial evidence. All this goes to show that the investigation has been conducted in hot haste and in a perfunctory and feckless manner which needs to be deprecated”.
With these observations, Court acquitted the accused and directed District Chief of the police to take appropriate steps in updating the investigating officers about the modern techniques of investigation. Court also issued General Arrest warrants against Imtyaz Hussain.
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