Excelsior Correspondent
SRINAGAR, July 24: The High Court has dismissed the prosecution appeal and upheld the judgment of the trial court whereby accused persons were acquitted from the charges of attempt to murder citing the case is unbelievable as projected by the prosecution.
Justice Mohan Lal dismissed the appeal of prosecution-state challenging the trial court judgment, whereby, respondent-accused have been acquitted of the charges framed against them for commission of offences punishable under Sections 307(attempt to murder).
Justice Moha Lal has held that there is no legal evidence, much less reliable evidence on record to prove that respondents-accused are the master mind of the crime attributed to them. The witnesses court added, examined by the prosecution, have not been able to put forth in their evidence a ring of truth so as to inspire confidence in the mind of this Court.
“The evidence of prosecution witness is, therefore, qualitatively and quantitatively insufficient to bring nexus between respondents-accused and the commission of offences attributed to them. This renders the entire story of prosecution as incredible and unbelievable in the manner projected by the prosecution”, Court said.
It is on proper assessment, evaluation and estimation of the evidence adduced by the prosecution, court said, the evidence appears to be weak, fragile, lacking in credibility, does not prove connecting link between respondents-accused and commission of offences.
“It will be highly dangerous and hazardous to hold respondents-accused guilty of offences attributed to them on the basis of weak, shaky and unacceptable evidence. The whole of the prosecution case therefore becomes doubtful”, court said.
With these reasons and discussion court viewed that prosecution has miserably failed to prove guilt of respondents-accused beyond reasonable doubt for commission of offences attributed to them and recorded that to interfere with the impugned Judgment & order of acquittal dated 24.01.2018 rendered by the trial Court same is upheld and confirmed.
Allegations against the respondents-accused Mohinder Pal and Darshan Lal as emerged out in the charge sheet was that in the year 2003 complainant lodged a written report in police post concerned to the effect that in his presence his brother-in-law was working in his proprietary land, after few minutes accused came on spot having a Spade in his hand and assaulted his brother-in-law with the intention of killing him and gave 5 to 6 blows one by one on his head, whereby his brother-in-law became unconscious, the accused also inflicted beatings to him with fists and blows.
On the aforesaid allegations FIR no. 43/2003 for commission of offences of 307 RPC were registered against respondents-accused and during investigation I/O collected the evidence and laid a charge sheet against the respondents-accused for commission of offences under Sections 307/326/324/34 RPC in the Court of law.
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