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9 acquitted in murder case as prosecution fails to prove case
10/7/2013 10:57:56 PM
EARLY TIMES REPORT
Jammu, Oct 7 : Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted Showket Mehmood, Liaqat Mehmood, Mohd Rashid, Mohd Tawir, Mohd Zubair, Sher Mohd, Munir Hussain, Noora Bi and Mirza Bi facing trial in murder case for the last four years.
The case arises out of a report lodged by Showket Hussain at 10.30 a.m on 12th May 2009 at the aforesaid Police Station that 18 kanals of land was allotted to Sekhi Mohd and Lal Mohd jointly in 1967. After the death of Lal Mohd his wife was in possession of his share.
The accused tried to take the possession of the land forcibly but did not succeed due to which there were strained relations between the parties. The complainant has further narrated that on the basis of this enmity on 12th May 2009 at 8 a.m all the accused persons armed with axes and lathies with intention to commit offences trespassed into the disputed land and started ploughing with oxen, the grand father came on spot and resisted the act of the accused but all the accused attacked and killed him on spot. The complainant along with other family members reached on spot. They too were attacked, with intention to commit their murder, caused grevious hurt to them. The dead body of the grandfather and the other injured persons struggling for their life are on spot but he has escaped from the spot and has come to lodge the report. On this FIR No.55 of the year 2009 for commission of offence u/Ss 302, 307, 147, 148, 149, 447, 323RPC stood registered in Police Station Gursai. After completion of the investigation challan was presented in the Court.
The court after hearing Choudhayr Nazir Hussain Public Prosecutor for the state whereas Adv Anuj Kapoor for the accused persons and after gone through the statements of the witnesses observed that when there is neither direct nor indirect evidence against the accused, judicial process cannot be issued in the instant case against the accused persons as the prosecution has not succeeded in proving the guilt of the accused.
With these observations Court acquitted all the accused with the direction that accused namely Showket Mehmood, Liaqet Mehmood, Mohd Rashied, Mohd Zubair, Sher Mohd and Munir Hussain shall be released from the custody forthwith. JNF
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