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| HC sets aside lifer in murder case | | | Jammu, Oct 17 : A Division Bench of State High Court Comprising Justice Virender Singh and Justice Bansi Lal Bhat has set-aside life-imprisonment awarded by the Sessions Judge Kulgam to Bashir Ahmed Wagay in murder case.
This approved for reporting judgment written by Justice Bansi Lal Bhat for the Division Bench and announced by Justice Muzaffar Hussain Attar today at Srinagar Wing of the High Court.
Prosecution version, as unfolded in the Charge Sheet, is that on 30.10.1990 one Abdul Qadeer Naik laid information at Police Station D. H. Pora to the effect on 29.10.1990 deceased Ismail Naik had gone to the forest for bringing fire wood but he had not returned back to his home till evening.
The informant further stated that Basharat Ahmed Naik and Showkat Ahmed Naik, who had set out in search of the deceased, discovered dead body of deceased lying in a pool of blood at a place and they informed Mohd Amin Naik who also went on spot. They had noticed blood stains on the Goriwan road and found grievous injuries on the head of the deceased. These witnesses had found a wooden log lying besides the dead body. As per informant it was suspected that the deceased had been murdered by the accused Bashir Ahmed Wagay on instigation of Saida wife of deceased as the accused Bashir Ahmed Wagay was having illicit relations with Saida and he wanted to contract marriage with her.
This information led to registration of case under FIR No. 53/1990 for offence under Section 302 of RPC. Division Bench after hearing both the sides observed that despite proof of motive that the accused considered the deceased as obstacle in continuing with his illicit relationship with the wife of deceased raising strong suspicion about complicity of accused in murder of deceased, prosecution has failed to bring on record substantive, cogent, reliable and legally admissible evidence to hold the accused liable for the authorship of alleged crime. With these observations, Division Bench set aside the judgment of conviction and order of sentence of life imprisonment and other sentences slapped upon the accused-Bashir Ahmed Wagay, reject the reference for confirmation of sentence of life imprisonment and order acquittal of accused. The accused be set at liberty forthwith unless he is wanted in some other case. JNF |
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