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| All murder accused acquitted as prosecution fails | | |
Early Times Report
JAMMU, Dec 25: The Sessions Judge, Reasi, Rajesh Sikri, has acquitted all the four accused in murder of 12 years old Mariam and seriously injuring Rafiqa Bano and Mumtaz at village Chakras in Mahore area of Reasi District on 10th January 2006.
The learned Sessions Judge acquitted the accused namely Abdul Latief, Ghulam Nabi, Mohammad Farooq and Liaqat Ali by giving them benefit of doubt and because of the delay in registration of FIR by the Police, delay in recording prosecution witnesses and delay in sending report to the magistrate, besides major contradictions in the statements of eye witnesses, non-production of independent witnesses, discrepancies and failure to seek opinion of the scientific officer whether the bullets were fired from the guns used and non-seizure of the bullets and also on the strength of the reliable defence evidence.
The accused were charge sheeted by the Sessions Judge, Reasi vide Order Dated 12-4-2006 for the above said offences whereby they pleaded not guilty. The prosecution examined 28 witnesses. During the trial two accused persons namely Ghulam Mohd and Saraj Din were acquitted by the court by giving benefit of Section 273 Cr.PC on 25-11-2010. During the trial five prosecution witnesses turned hostile.
The Public Prosecutor, Madan Mohan Sharma argued that although some of the witnesses turned hostile in the case but the eye witnesses supported the prosecution case. He added that all the eye witnesses stated that the accused opened indiscriminate firing on the house of Abdullah, as a result of which one girl died and two girl,s were injured, statements of medical and forensic experts corroborated the prosecution story, therefore, the accused are liable to be convicted.
The court observed that the circumstances of the case warrant judicial notice of affidavit filed in support of application under Section 540 Cr.PC by complainant Mohd Abdullah, before his death, on the grounds interalia that he had made a false deposition in the court under threat and coercion of militants to implicate accused persons, and cannot be thrown overboard. |
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