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| Trial Court awards double life imprisonment and life imprisonment | | DB allows appeal, acquits both the convicts | | EARLY TIMES REPORT
Jammu, Apr 23- While allowing the appeal filed by the two convicts sentenced to life imprisonment by Principal Sessions Judge Rajouri on April 17 last year, the Division Bench of the Jammu and Kashmir High Court comprising Justice Virender Singh and Justice Y P Nargotra observed that prosecution had not been able to prove the charges against any of two accused beyond the shadow of reasonable doubt and as such by extending benefit of doubt, DB acquits both the accused and allows the criminal appeal filed by both the accused.
The Judgment written by Justice Virender Singh for the Division Bench observed that although after disbelieving the prosecution case by rejecting the evidence of two eye-witnesses of the occurrence there is no need of entering into any other discussion, the investigation conducted in this case, DB said that “we cannot refrain ourselves from commenting that it is a case of slipshod investigation for which even the Trial Court had also commenting”.
Taking serious note of the investigation conducted by the Investigation Officer, the DB said that Investigation Officer in his wisdom thought of collecting certain planks of evidence so as to show nexus of the accused with the commission of offence but he has miserably failed in it on account of the laxity shown by him only. The investigation conducted in this case is stumbling badly.
DB further observed that from the dead body one pamphlet bearing print Lashker-e-Tabeeba in handwriting of someone was recovered. Beside this, the Investigating Officer has also seized hairs attached to the nails of the dead-body. Specimen hairs of head of the accused Mohammed Qasim and Mohammed Farooq (since acquitted) were taken. Those were sent to FSL as they were found to be less in quantity; the same could not be compared. The knife is used by accused in killing the deceased as is the case of prosecution, DB do not appreciate this part of investigation..
Principal Sessions Judge Rajouri on April 17, 2008 had convicted and sentenced the accused Mohammed Qasim to life imprisonment and fine of Rs 30,000 and u/s 364 RPC accused was again sentenced to imprisonment for life and fine Rs 20,000 (both sentences run concurrently) whereas accused Naseem Bano was sentenced to imprisonment for life u/s 364/34 RPC and fine Rs 30,000. It is worthwhile to mention here that accused Naseem Bano is the wife of deceased Munir Hussain. Against the judgment of Trial Court a Criminal appeal was filed by both the accused against the sentence.
According to the prosecution case accused Mohammed Qasim an employee of JKAP was carrying on extra-martial relations with Naseem Bano, wife of Munir Hussain. On the intervening night 15/16 August 2003, he along with other people in connivance with Naseem Bano entered the house of the deceased Munir Hussain with an intention to finish him and forcibly took him away about one and a half kilometer from his house and killed him by slitting his throat. On a written complaint Police Station Budhal registered a case u/s 364/302 RPC and the accused Mohammed Qasim and Mohammed Farooq were arrested on August 17, 2003. On the disclosure knife was recovered from the house of the deceased. After completion of the investigation challan was presented in the Court of law. Trial Court acquitted Mohammed Farooq from the charges and convicted other two accused whereas accused Mohammed Qasim was awarded double life-imprisonment. JNF
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