Early Times Report
SRINAGAR, Mar 13: The Court of Principal Sessions Judge Srinagar, Abdul Rashid Malik has convicted a murder accused.
The accused Javaid Ahmad Bhat Son of Abdul Gani Bhat, resident of Kremshore Khan Sahib, Budgam was convicted under Section 302 RPC for causing the death of Gulshan Akhtar D/o Ghulam Hassan Sofi Resident of Kremshore.
As per the history of the case, on June 3, 2014 Police Station, Khansahib received information from reliable sources that the dead body of Gulshan Akhtar is lying in Kremshore and by appearance it looks that she has been killed by strangulation. On receipt of the said information, case FIR was registered under Section 302 RPC and investigation was started.
The Court observed that in appreciating evidence the approach of the Court must be integrated not truncated or isolated. In other words the integrate of the evidence in totality on the prosecution case or innocence of the accused has to be kept in mind in coming to the conclusion as to the guilt of the accused, the Court has to appreciate, analyze and assess the evidence placed before it by the yardstick of probabilities, its intrinsic value of the witness.
The Court while appreciating the evidence should not lose the site of the realities of the life and cannot afford to take an unrealistic approach by stating in an ivory tower. It is very easy to pass an order of acquittal on the basis of minor points raised in a case by a short judgment, so as to achieve the yardstick of the disposal. Some discrepancies are bound to be there in each and every case while should not weighed that the Courts are wrong. It does not materially affect the prosecution case. In case the discrepancies pointed out are in the realm of pebbles, Court should act upon it, but if the same are boulders, Court should not make an attempt to jump over the same. The proof beyond reasonable doubt is a guideline and guilty-man cannot get away with it, because truth suffers some infirmity when projected through human processes.
Therefore, the evidence produced by the prosecution establishes beyond reasonable doubt that the accused had only intention to kill the deceased after his love affair failed and the motive behind the killing was the refusal of the parents of the deceased to marry the deceased with the accused. The accused strangulated the deceased till she died by wrapping the scarf around her neck and pressed it so hard that the deceased died instantaneously. Therefore, the offence committed by the accused falls under section 302 RPC and the accused is convicted under section 302 RPC accordingly. |
