Excelsior Correspondent
POONCH, Nov 21: Principal Sessions Judge, Poonch, Kishore Kumar has acquitted accused persons namely Kalpooran Bi and Raqia Bi, who were facing the trial for the commission of offence under Section 302/34 RPC since April 5, 2002.
According to the prosecution story, deceased Mohd Azam, son of Kala, resident of Haveli was working as SPO in the Police Department and was attached with Army picket at Malti.
Kalpooran Bi, mother in law of deceased and Raqia, wife of the deceased, were apprehending illicit relations of SPO with a woman of the same locality. On the intervening night of January 6 and 7, the accused persons hatched a criminal conspiracy to eliminate the deceased and inflicted severe injuries on his head, forehead and tongue. Later, they cooked up a story that the militants killed SPO.
After completion of investigation challan was presented in the court of law and Principal Sessions Judge after hearing Public Prosecutor Nazir Ahmed Choudhary for the State whereas Advocate Ch Lal Hussain Mushtaq for the accused persons observed, “there was no direct evidence except the daughter of the deceased and Raqia Bi, who appeared in the witness box. The statement of five year old girl that Raqia Bi killed her father is not a voluntarily statement but a tortured one”.
“There is a material contradiction in the statements of the prosecution witnesses which doesn’t inspire confidence. So far as the circumstantial evidence it would be neither safe nor prudent to convict the accused persons”, the Court said, adding “there is the probability of two views-one proves the guilt of the accused persons and the other proves the role of the militants in the killing of deceased”.
The Court further observed, “when two views are equally possible which favours the accused is to be applied. The deceased was working as SPO and was attached with an Army picket at Malti. During those days the militancy was at its peak and the probability of the act of militants cannot be ruled out”, adding “in this case the prosecution has miserably failed to prove extra martial relation of the deceased with some other lady and out of that grudge his wife and mother in law planned a conspiracy to eliminate the deceased”.
Observing that prosecution could not prove the guilt of the accused beyond all reasonable doubts by cogent and clear evidence, the Court acquitted the accused of the charges.
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