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| Court acquits murder accused | | | Jammu, Mar 5 (JNF): Principal Sessions Judge Bhaderwah MK Sharma has acquitted Majid Mushtaq S/O Mushtaq Ahmed Shapoo R/O Green Colony, Nagar, Bhaderwah who was facing trial for the last 15 years in murder of one Zakir Hussain.
While acquitting the accused, the court observed that Preponderance of evidence of prosecution and defence gives rise to two views.
One, that the accused attacked the deceased causing injuries which proved fatal and second, that there was a free fight between two groups of boys on spot in which accused and deceased were also present and the deceased sustained injuries by fall on the ground and not by the act of the accused.
It is well settled that if on the same evidence two views are reasonably possible, the one in favour of the accused must be preferred.
Court further observed that the prosecution case has become doubtful for the reasons that the dying declaration has not been proved to be voluntary; no independent witness though available was examined; recovery and seizure of weapons of offence has not been proved and there is a serious doubt about the presence of eye witness Prosecution Witness Jaffar Hussain on spot.
On a consideration of the evidence on record and broad probabilities, Court is of the opinion that it is difficult to sift the grain from the chaff. It is a case in which benefit of doubt has to be accorded to the accused. In the result the prosecution has failed to prove the case against the accused beyond doubt.
The challan therefore fails and the accused is acquitted of the charges. |
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