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| Prosecution failure leads to acquittal in murder of cop | | | Early Times Report
JAMMU, May 2: 1st Additional Sessions Judge Srinagar Ajay K Gupta while dismissing the challan in murder of cop observed that the prosecution has not succeeded in proving its case beyond all reasonable doubts and the benefit of doubt has to go to the accused persons.
On 14-10-2011 a written docket was sent by the prosecution witness number 1 to Police station, Hazratbal, wherein it was stated that he along with prosecution witnesses 3 to 7 and other police personnel were deputed at Tailbal Adda, Hazratbal for Friday prayers. After the completion of the Friday prayers there was a huge rush of people. In the meantime, some unknown terrorists fired upon a constable Sajad Ahmad No. 896MRP/19 Bn. from point blank range and injured him. Taking the advantage of huge crowd, the terrorists succeeded in fleeing from the spot.
On receipt of the docket in this regard an FIR No.82/2011 for the commission of offences u/s 307, 7/27 Arms Act was registered in Police Station, Hazratbal. The investigation was handed over to witness 26 who started the investigation. During the spot visit one empty cartridge was recovered and seized, the seizure memo and the site plan were prepared. The statements of the eye witnesses were recorded under section 161 Cr PC. The injured constable during the intervening night of 14/15 October succumbed to his injuries. The body was sent for post mortem to Police Hospital Srinagar accompanied by PW-23. Subsequently, offence u/s 302 RPC was added in the FIR and offence u/s 307 RPC was dropped.
1st Additional Sessions Judge Srinagar observed that witnesses examined by the prosecution, have not been able to put forth in their evidence in a ring of truth, so as to inspire confidence of the court to come to the firm conclusion that the alleged offence has been committed by the accused persons. Evidence of prosecution witnesses, is qualitatively and quantitatively, insufficient to bring nexus between accused persons and commission of the offences indicted against them. |
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