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| Court acquits two real brothers from charges of murder | | | Et Report
Jammu, Sept 18 : Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Bhag Hussain and Nazir Hussain real brothers from the charges of murder as prosecution failed. According to the police case that April 21, 2010 the complainant Ishtiaq Ahmed along with Mir Mohd lodged a written report before Police Station Surankote against the accused Bhag Hussain and Nazir Hussain with averments therein that relations between his father and the accused was strained with respect to their business. The accused on that day at about 8.30 a.m called his father in order to settle their grievances before the Panchayat. He also went along with his father. Both the accused demanded money from his father but his father replied that there is no outstanding towards him. On this both the accused with common criminal intention started assaulting his father with kicks and fists. In the mean while the accused Bhag Hussain with intention to kill his father hit a kick on the lower side of the abdomen of his father as a result of which his father became unconscious and died in the way while shifting to hospital Surankote.
On this FIR No. 49/2010 for commission of offences u/s 302/34 RPC stood registered in Police Station Surankote and during the course of investigation police went on spot, prepared the site plan, recorded the statement of the witnesses conversant to the facts, obtained the postmortem report and handed over the dead body to its heirs for cremation. After completion of investigation challan was presented. Principal Sessions Judge Poonch Jaffer Hussain Beigh after hearing Choudhary Nazir Hussain Public Prosecutor for the State whereas Advocate Mohammad Aslam for the accused, observed that other prosecution witnesses, the eye witnesses and the witnesses regarding the facts leading to the death of the deceased, have not supported the prosecution at all but have denied the occurrence. All these prosecution witnesses were declared hostile by the court at the request of the prosecution and the prosecution was allowed to cross-examine them but nothing incriminating has been elicited from their statements when cross-examine by the prosecution. As they have denied the occurrence, there is no evidence in order to connect the accused with the commission of the crime. Not only this we can even say that there is absolutely no evidence on the file so that the accused can be asked to enter upon his defence. The prosecution case does not stand proved against the accused which stands dismissed and accused are accordingly acquitted. JNF |
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