Excelsior Correspondent
JAMMU, July 30: Principal Sessions Judge Rajouri R N Wattal has accused an accused in the murder case as prosecution failed to prove its case.
As per the prosecution case, on July 29, 2016, Mohd Rayaz, son of Mohd Safiq of Muradpur Rajouri and Aftab Ahmed, son of Mohd Javaid of Koteranka Rajouri killed one Tariq Ahmed, son of Mohd Afzal Tantray near Rajal Morh under the jurisdiction of Nowshera Police Station and his body was concealed beneath a culvert. The accused took Scorpio vehicle of deceased and left the same at Haryana.
On receiving report in this regard, Police registered FIR for the commission of offences punishable under Sections 302, 382 and 34 RPC. During investigation the accused Aftab Ahmed was arrested and at his instance the corpse of Tariq Ahmed was recovered. Later Mohd Rayaz was also arrested.
After completion of investigation, chargesheet was presented in the court for judicial determination and accused Aftab Ahmed was declared as juvenile and his trial was segregated vide dated 11-08-2017 and he was ordered to be tried before a Juvenile Court.
After hearing Public Prosecutor, counsel for the accused Mohd Rayaz and examining the witnesses, the court observed, “the evidence brought on record by the prosecution when considered in conjunction with testimonies of doctors, does not link the accused directly or indirectly with actual act leading to the death of the deceased”, adding “suspicion, however, grave cannot take the place of proof and moreover, the chain of the evidence is incomplete and accused is entitled to be benefited of doubt”.
“According to prosecution case one Mohd Aslam Qureshi and Nawaz Ahmed Qureshi residents of Saaj Rajouri also boarded the vehicle with Tariq Ahmed along with accused but they were given the benefit of Section 169 of CrPC. Mohd Aslam and Nawaz Ahmed were, therefore, important witnesses but they have not been listed in the chargesheet”, the court said.
“Moreover, the name of one Sudhanshu, Mohd Fareed maternal uncle of Aftab, Junaid Bakerwal, who was residing near the place where the corpse was found, civilians shopkeepers who were at a distance of 100 yards from the place of recovery of corpse were the important witnesses who have not been listed in the resume of chargesheet nor produced in the court adversely affects the credibility of the prosecution case”, the court further said
“I am of the considered view that evidence brought on record by the prosecution regarding complicity of the accused Mohd Rayaz in the commission of crime is not convincing and beyond shadow of doubt and accused is entitled to be given the benefit of doubt”, Principal Sessions Judge said.
Accordingly, the chargesheet was dismissed and accused acquitted of the charge under Sections 302, 382, 201, 34 RPC. “Accused is in judicial custody at District Jail, Dhangri, and he is directed to be released forthwith if not detained in any other case”, the court ordered.
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