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| High Court overturns life imprisonment of man in sister's murder sase | | |
Early Times Report
JAMMU, Oct 24: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Atul Sreedharan and Justice Sanjay Dhar set-aside the life-impriosnment of Mohd Tanveer who was awarded life-impriosnment by the trail court for killing real sister over alleged old enemity.
DB after hearing Advocate Ajay Singh Kotwal for the appellant whereas AAG Ravinder Gupta for the UT observed that the most important in this case relates to the motive. The Trial Court has accepted that the motive for murder was pre-existing enmity between the deceased and the accused on account of the deceased having appeared as a witness in the previous case where the sister of the deceased was a victim. The only document on the basis of which, the said motive is said to be based upon is a statement under Section 161 Cr.PC of the deceased in the other case. Her age in that statement under Section 161 Cr.PC is shown to be between 10-11 years and that statement was recorded in the year, 201K however, ihe postmortem report in this'case.reflccts that the age of the deceased was 22 years.
DB further observed that Motive is one of the important circumstances in a case which has to be proved against the accused in a case which is entirely permitted on a circumstantial evidence. However, (hey may be cases where other circumstances go to unequivocally point to the involvement of the accused beyond all reasonable doubt in such a situation, even the absence of motive is there, a conviction is still be based upon but those cases are rare and far & few in between. The present case does not fall that category at all. There arc too many missing links in this particular case relating to the age of the deceased, identity of the deceased because the photographs goes to clearly show thai level of decomposition was extreme and victim was unidentifiable from the face in view of what has been argued before us, this Court holds that the conviction recorded by the learned Trial Court is not based upon the evidence which could have proved the case of prosecution beyond reasonable doubt and therefore, is set aside.
DB ordered that the appellant be set forth at liberty if not required in any other case.
—JNF |
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