Excelsior Correspondent
JAMMU, Feb 27: Principal Sessions Judge Rajouri Jaffer Hussain Beigh has acquitted one Anwar Hussain, son of Nazir Hussain of Keri Khawas in a murder case as the prosecution failed to prove the case.
Anwar Hussain was arrested by Police Station Budhal for allegedly committing the murder of one Mohd Shabir on October 14, 2014 over some old enmity.
“The alleged occurrence admittedly took place on 14.10.2014 and the deceased died on 30.10.2014 and prosecution witness has admitted that according to the case diary he did not request doctor for taking the statement of the injured and there is no proof on record that the doctors at Jammu have certified that the injured was not in a condition for deposing”, the court observed.
“In this way when there is no proof that the injured was not in a position to make statement, the injured was able to make statement but statement of the injured was not recorded from the day of alleged occurrence till his death for about 15 days which goes to the root of the prosecution case”, the court said.
“When the presence of both the eyewitnesses on spot have been found doubtful because they have disputed the presence of each other; when the disclosure statement of the accused has not been proved by the prosecution and the recovery of weapon of offence has also not been proved by the prosecution at the disclosure statement of the accused, means thereby there is no direct or indirect evidence against the accused to connect him with the crime with which he has been charged”, the court further said.
“The result is that the challan is dismissed and the accused is acquitted. He shall be released from the custody forthwith. Seized articles shall be destroyed after the period of appeal”, the court ordered.
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