Excelsior Correspondent
JAMMU, Mar 11: Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat today reversed the judgment of acquittal in a murder case and awarded life-imprisonment to the accused.
Principal Sessions Judge Bhaderwah had acquitted the accused Khurshid Ahmed, who was involved in the murder of Arshad Sajjid Bhat. Against the acquittal, State preferred present appeal.
After going through the case and statements of the witnesses, DB observed, “we have no hesitation in observing that Trial Court judgment has resulted in grave miscarriage of justice. We may add that though prosecution has not relied upon dying declaration as a mode of proof, the verbal information given by deceased in an injured state, amounts to a dying declaration”.
“We are shocked to observe that the Sessions Judge has adopted a perfunctory approach in appraisal of evidence brought on record by prosecution”, the DB said and accordingly reversed the judgment of acquittal. The DB found the accused guilty of offence under Section 302/341 of RPC for having committed murder of Arshad Sajjid Bhat.
With these observations, Division Bench awarded life-imprisonment to Khurshid Ahmed and directed that the convict shall surrender to suffer sentence. Division Bench further observed, “if he fail to surrender within two weeks, non-bailable warrants of arrest shall be levied to secure his presence and upon execution thereof he shall be committed to Central Jail- Jammu for suffering sentence”.
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