EARLY TIMES REPORT
Jammu, Sept 27 : A Division Bench of State High Court has set-aside the judgment of a trial court whereby it had acquitted an accused who was facing trial in murder case.
While setting aside the trial court order, the DB comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat awarded life-imprisonment to Elpres Mattoo alias Katty son of Aziz Mattoo of Christian Colony here.
According to the police Ruby wife of Vijay had made a written report to the police stating therein that on 4 November 2006, her son Vishal was at home. The accused came on her door and took her son along with him. After waiting for some time when he did not return, she came out of the house to know about him and saw that the accused was grappling with the deceased near the shop of barber. The accused brought out one scissor and attacked on the chest of deceased one after the other and thereafter ran away from there. On the basis of this report, the police registered the case and commenced the investigation thereupon. After completion of investigation the challan was presented in the Court. The trial court on 18 February 2012 acquitted the accused and State had filed an appeal against the acquittal judgment.
The Division Bench after hearing senior AAG Gagan Basotra for the state and advocate Monish Chopra for the accused, observed that on reappraisal of evidence "we find that prosecution has been successful in discharging its burden of proof of guilt of accused as the author of crime of murder of deceased -Vishal Mattoo."
"Findings recorded by the trial court to the contrary are perverse as the legally admissible, cogent, convincing and reliable evidence of the solitary eye witness duly corroborated by oral, documentary, forensic and Expert evidence has been improperly rejected. We have no hesitation in observing that trial court judgment has resulted in grave miscarriage of justice. We, accordingly, reverse the judgment of acquittal and find the accused guilty of offence under Section 302 of RPC for having committed offence of murder of Vishal Mattoo and awarded life-imprisonment to Elpres Mattoo," the DB ordered.
The DB further said that the convict shall surrender to suffer sentence. "Should he fail to surrender within one week, non-bailable warrants of arrest shall be levied to secure his presence and upon execution thereof he shall be committed to Central Jail Jammu for suffering sentence," it ordered. (JNF) |
