Excelsior Correspondent
JAMMU, Sept 27: Division Bench of High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat has set-aside the judgment of trial court acquitting an accused in the murder case and awarded life-imprisonment to him.
According to the police case, on November 4, 2006 the accused Elpress Mattoo alias Katty, son of Aziz Mattoo of Christian Colony killed Vishal, son of Vijay over an old enmity. Accordingly, a case was registered and after completion of investigation challan was presented in the Court. The Trial Court on February 18, 2012 acquitted the accused prompting the State to file appeal against the acquittal judgment.
After hearing Senior AAG Gagan Basotra for the State whereas Advocate Monish Chopra for the accused person, Division Bench observed, “on reappraisal of evidence we find that prosecution has been successful in discharging its burden of proof of guilt of accused. Findings recorded by the trial court to the contrary are perverse as the legally admissible, cogent, convincing and reliable evidence of the solitary eye witness duly corroborated by oral, documentary, forensic and expert evidence has been improperly rejected”.
“We have no hesitation in observing that trial court Judgment has resulted in grave miscarriage of justice. We, accordingly, reverse the judgment of acquittal and find the accused guilty of offence under Section 302 of RPC for having committed offence of murder of Vishal Mattoo”, the DB said.
Accordingly, DB awarded life-imprisonment to Elpress Mattoo.
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