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| 4 get HC acquittal in murder case | | | EARLY TIMES REPORT
Jammu, Dec 29: A Division Bench of J&K High Court, comprising Justice Nirmal Singh and Justice Mohammed Yaqoob Mir, in an appeal filed by convicts against the judgment and order April 12, 2005 whereby the Sessions Judge Poonch awarded life-imprisonment to all the five appellants, had acquitted four and dismissed the appeal of Mohammed Tayub as the prosecution has been able to prove the case against him.
This judgment written by Justice Nirmal Singh for the Division Bench, after hearing Adv Sindu Sharma for the appellants and Additional Advocate General AH Qazi appearing for the State, observed that the prosecution has been able to prove the case against Mohammed Tayub on the basis ocular version given by Zia-ul-Haq, Khadim Hussain, Abdul Qayoom and Arshad Mustafa. From the evidence on record it strikes nothing but truth qua that Mohammed Tayub committed the offence. The appeals of four appellants are accepted and they are acquitted of the charges leveled against them. Appellants Mohammed Hussain and Parveen Akhter are already on bail, their bail bonds and surety bonds shall stand discharged. The court ordered that the appellants namely Mohammed Arshad and Mohammed Suleman who are in custody be set free forthwith if they are not required in any other case. So far as appeal of appellant Mohammed Tayub is concerned, the same stands dismissed, the court ordered that the reference made by the Sessions Judge Poonch is accepted only to the extent of conviction and sentence of Mohammed Tayub.
According to the prosecution case on October 3, 1999 Zia-ul-Haq informed the police station Mendhar that at about 10 AM when he was cutting grass along with his brother Arshad Mustafa and father Abdul Majid in the field, Mohammed Tayub armed with knife, his uncle Mohammed Suleman and grand father Mohammed Hussain who were also fully armed attacked the complainant party. Mohammed Tayub inflected injuries with knife to Arshad Mustafa besides Abdul Majid who later succumbed to the injuries and the accused escaped from the spot. During the investigation the police party recovered the weapon of offence on the disclosure of accused persons. Sessions Court Poonch on April 12, 2005 awarded life-imprisonment to all the five accused u/s 302 r/w section 149 RPC and fine of Rs 10,000 each. Aggrieved by the judgment of Trial Court, the convicts filed this appeal in the High Court on various grounds. JNF |
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