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SC dismisses Govt's appeal in 1990 Kulgam murder case 12/14/2018 9:53:45 PM Early Times Report Srinagar, Dec 14: The Supreme Court of India has dismissed a Special Leave Petition filed by the state government against Jammu and Kashmir High Court's judgment, setting aside life imprisonment awarded by the Sessions Court to man from Kulgam in a murder case. "The Special Leave Petition is dismissed," reads a judgment by Justices L. Nageswara Rao K.M. Joseph. In 2014, a Division Bench of State High Court had set-aside life-imprisonment awarded by the Sessions Judge Kulgam to Bashir Ahmed Wagay in the murder. Prosecution version, as unfolded in the Charge Sheet, was that on 30.10.1990 one Abdul Qadeer Naik laid information at Police Station D. H. Pora to the effect on 29.10.1990 deceased Ismail Naik had gone to the forest for bringing fire wood but he had not returned back to his home till evening. The informant further stated that Basharat Ahmed Naik and Showkat Ahmed Naik, who had set out in search of the deceased, discovered dead body of deceased lying in a pool of blood at a place and they informed Mohd Amin Naik who also went on spot. They had noticed blood stains on the Goriwan road and found grievous injuries on the head of the deceased. These witnesses had found a wooden log lying besides the dead body. As per informant it was suspected that the deceased had been murdered by the accused Bashir Ahmed Wagay on instigation of wife of deceased as the accused was having "illicit relations" with her and wanted to contract marriage with her. The information led to registration of case under FIR No. 53/1990 for offence under Section 302 of RPC. The Division Bench of the high court had observed that despite proof of motive that the accused considered the deceased as obstacle in continuing with his illicit relationship with the wife of deceased raising strong suspicion about complicity of accused in murder of deceased, prosecution has failed to bring on record substantive, cogent, reliable and legally admissible evidence to hold the accused liable for the authorship of alleged crime.   Share This News with Your Friends on Social Network     Comment on this Story

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