Excelsior Correspondent
JAMMU, Jan 19: 2nd Additional Sessions Judge Jammu today acquitted Irfan Mehmood, Kamran Rouf and Azhar Ahmed, who were allegedly involved in murder of ex-Minister Lal Mohd Sabar’s son.
According to the police case, on October 13, 2008, Police Post Manwal received a telephonic message from Police Control Room that dead body of Murtaza Sabar, son of Lal Mohd Sabar of Mendhar was lying at Akhal Morh, Surinsar.
After completion of investigation in the case, police presented charge-sheet against the accused persons for the offences under Sections 302/34 RPC.
After hearing Advocate RK Kotwal for the accused persons, 2nd Additional Sessions Judge Jammu Pawan Dev Kotwal observed, “the evidence led by prosecution failed to establish any of the relevant incriminating circumstance beyond every shadow of doubt and though, the evidence raises some suspicion as to the complicity of the accused in the commission of crime, but it is well settled law that to warrant conviction against the accused, prosecution has to prove case beyond reasonable doubts”.
“Suspicion howsoever strong it may be does not take place of proof beyond reasonable doubts, especially in the case of present nature, where the punishment provided is either death penalty or in alternative imprisonment for life”, the court said, adding “material only points the needle of suspicion towards the appellant and nothing more. Suspicion, however, is no substitute for proof; and in criminal law the prosecution has to prove the guilt beyond reasonable doubt”.
With these observations, court acquitted all the accused.
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