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news details
Court acquits three in murder case of ex-Minister's son
1/19/2018 10:40:27 PM
Early Times Report

Jammu, Jan 19: 2nd Additional Sessions Judge Jammu today acquitted Irfan Mehmood, Kamran Rouf and Azhar Ahmed who were allegedly involved in murder of Ex-Minister Lal Mohd Sabar's son.
According to the police case that 13.10.2008, Police Post Manwal received a telephonic message from Police Control Room that dead body of Murtaza Sabar S/O Lal Mohd Sabar R/O Mendhar (Poonch) at present House No.167/77 Gujjar Nagar, Jammu, was lying at Akhal Morh, Surinsar, Tehsil and District Jammu and since the death has occurred in suspicious circumstances and dead body is lying in the mortuary of Jammu Hospital, some officer be deputed for further action.
That on the day of occurrence, all the accused persons to eliminate deceased took him to Surinsar on the pretext of picnic and since they were inimical to the deceased because of girls, they mixed some poisonous substance in the liquor of the deceased and administered him as a result of which he died at Akhal Morh and the accused persons knowing the death of the deceased, left him there and came to Jammu, but then again went to the spot to hide their involvement and brought the deceased to hospital where doctors declared him dead.
The investigating agency found that the deceased was having illicit relations with daughter of Sajid Khan, neighbor of Irfan Mehmood, which annoyed the said accused and he conspired with other accused persons and took the deceased to Surinsar and on way they purchased and consumed liquor and beer and reached Surinsar at17:40 hours, where the accused sent the deceased to feed fish and mixed poison in the liquor and administered to the deceased on his return due to which he died. Police presented instant charge-sheet against the accused persons for the offences under sections 302/34 RPC.
2nd Additional Sessions Judge Jammu Pawan Dev Kotwal after hearing Adv RK Kotwal for the accused persons observed that the evidence led by prosecution failed to establish any of the relevant incriminating circumstance beyond every shadow of doubt and though, the evidence raises some suspicion as to the complicity of the accused in the commission of said crime, but it is well settled law that to warrant conviction against the accused, prosecution has to prove case beyond reasonable doubts and the suspicion howsoever strong it may be does not take place of proof beyond reasonable doubts, especially in the case of present nature, where the punishment provided is either death penalty or in alternative imprisonment for life only this Court is fortified in my view by the judgment of Supreme Court reported wherein it has been held as "The aforesaid is all that is on record which the prosecution relied upon to fasten the guilt on the appellant. According to us, the aforesaid material only points the needle of suspicion towards the appellant and nothing more. Suspicion, however, is no substitute for proof; and in criminal law the prosecution has to prove the guilt beyond reasonable doubt. The offence alleged in the present case being murder, which visits the perpetrator of the crime with the minimum sentence of imprisonment for life, a court of law would be justified in demanding full satisfaction before the lethality of Sec.302 can be used against anyone. The materials on record in the present case do not have so much edge as to penetrate the fortress of innocence built round an accused in our Criminal Jurisprudence."
--(JNF)
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