Excelsior Correspondent
SRINAGAR, Oct 28: As prosecution failed to prove a person guilty, High Court has acquitted him of charges of murder of a cop and directed for his release from custody.
One person Ghulam Nabi Mougal was charged of murder of a cop, Abdul Rashid Mougal of Hyhama Manigah in 2004.
“We are of the view that the prosecution has not been able to establish its case against the appellant beyond reasonable doubt”, Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey said while setting aside the order of conviction and sentence of appellant.
“The concerned Jail Superintendent is directed to set-free the appellant insofar as this case is concerned”, Judgment reads.
The appeal was filed against the judgment delivered by the Principal Sessions Judge, Kupwara whereby the appellant was convicted for the commission of the offence punishable under Section 302 RPC and Sections 7/25 of the Indian Arms Act, 1959.
The appellant was sentenced to life imprisonment (simple) with a fine of Rs. 5,000 for the commission of offence punishable under Section 302 RPC. He was also sentenced to simple imprisonment of five years for the offences punishable under Section 7/25 of the Indian Arms Act 1959.
The sentences were, however, directed to run concurrently and the period of detention undergone by the convict during the investigation and trial was directed to be set-off against the term of imprisonment awarded as above and in default of payment of the fine, the convict was further directed to undergo simple imprisonment of three months. Initially there were three accused, the appellant (Ghulam Nabi Mougal), Shazad Ahmad Khan and Khurshid Ahmad.
The other two accused have been acquitted on the benefit of doubt by the trial court and the appellant-Mougal was charged with murder by the trial court and has been acquitted by High Court as the prosecution could not prove him guilty.
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