Excelsior Correspondent
JAMMU, Mar 5: Principal Sessions Judge Bhaderwah, M K Sharma has acquitted Majid Mushtaq, son of Mushtaq Ahmed of Bhaderwah, who was facing trial in murder case for the last 15 years.
While acquitting the accused, Principal Sessions Judge observed, “preponderance of evidence of prosecution and defence gives rise to two views. One, that the accused attacked the deceased causing injuries which proved fatal and second, that there was a free fight between two groups of boys on spot in which accused and deceased were also present and the deceased sustained injuries by fall on the ground and not by the act of the accused”.
“It is well settled that if on the same evidence two views are reasonably possible, the one in favour of the accused must be preferred”, the court said, adding “prosecution case has become doubtful for the reasons that the dying declaration has not been proved to be voluntary; no independent witness though available was examined; recovery and seizure of weapons of offence has not been proved and there is a serious doubt about the presence of eye witness”.
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