Excelsior Correspondent
BARAMULLA, June 10: In a landmark judgment towards streamlining criminal justice system, Principal District Sessions Judge Baramulla Sanjay Parihar who is also holding the additional charge of court of Additional District Sessions Judge Baramulla today settled a 25-year-old murder case by acquitting all the nine accused for lack of credible evidence. Out of nine accused, two had died already during the trial.
In his judgment, Parihar said, It is irony that for the last 20 years matter remained pending for hearing of final arguments, which collectively exhibits failure on the part of, all of us who, are associated with justice delivery for being in sensitive towards it. “May be on certain occasion the accused may have tried to stay away from trial but appearance on record would show that we collectively haven’t paid much heed to the idea of speedy trial,” he observed.
As per the prosecution case, the complainant Abdul Gani Awan on 29.06.1994, lodged a written complaint before the SHO Police Station Boniyar giving details of the occurrence that all the nine accused acquitted today allegedly had attacked his mother in law namely Bhakti Begum (deceased) with sharp edged weapons, a result of which she suffered grievous injuries and died on spot.
On his complaint police registered FIR No.53/1994 and started investigation.
During investigation, police arrested the accused and book them under Sections 147, 148, 149, 302 RPC for which they were challaned before the court on 13.09.1994. All accused were charged on 01.05.1996, who pleaded not guilty and hence faced trial. Prosecution examined 11 witnesses. Defence evidence was closed in the year 2000,
After hearing Public Prosecutor appearing on behalf of the State and counsel for the accused, the Principal Sessions Judge observed, “as per evidence tendered in the case, the prosecution was not able to prove the case. He observed that evidence of prosecution witnesses regarding incident of murder is not only shaky but fraught with improbablites, doubt and full of suspicion.
It appears that the prosecution has been unable to unearth true sequence of events leading to the occurrence, and death of deceased. Their case is full of suspicions and how so ever grave the suspicion, may be, it cannot be a substitute for proof. Thus accused are entitled to the benefit of doubt in the singular facts and circumstances of the case and are accordingly acquitted.
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