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| After 12 years court acquits man of double murder charge | | | EARLY TIMES REPORT
Jammu, July-06 (JNF):- Principal Sessions Judge Jammu AK Shan acquitted Mohd Asif s/o Mohd Aslam Khan and Ishtaq s/o Ghulam Mustafa both residents of Bala Tehsil Bhaderwah who were facing Trial in double murder case for the last 12 years.
According to the police on October 3, 1999 Ajay Kumar recorded his statement before the police that he along with his brother Suresh Kumar and sister and Usha Kumari were sleeping in his room. His parents were sleeping in another room, at about 1:40 AM some person by cutting electric line stooped the supply of electricity to their house. On hearing some commotion, he along with his family members woke-up, his father Bodh Raj came out of his room and he along with his brother, sister and mother heard the sound of 2/3 shots, his brother Suresh Kumar while coming of the room, was hit at his chest by fire shot, he saw accused Asif Khan standing in the compound with a pistol in his hand along with an unknown person. On hearing who & cry both persons ran away, when he came out of the main gate, he saw above two persons running along with three more persons. The dead body of his father way lying in the compound and his brother on the door, his brother was yet alive was shifted to the hospital where he succumbed to his injuries. He further stated that the accused Asif Khan was dearing enmity with his family because his brother had abducted the sister of accused Asif Khan who 15 days ago had threatned to kill the family members after bribing the militants with the money. He will be obtained by selling his house in New-Plot. Police registered and case and arrested accused persons and after completion of the investigation presented the challan in the Court.
The Court after hearing 29 witnesses and the statements of the accused persons has observed that the prosecution has failed to prove identity of accused Ishtiaq beyond any reasonable shadow of doubt. The evidence in this regard is so weak that no prudent man can believe the same. The prosecution has not only relied upon the identity of the accused in identification parade but also on the fact of discloser made by the accused leading to the recovery of sword and plass which according to the prosecution is strong piece of evidence about his involvement in the Crime. But the evidence to this effect is not reliable. The witness to the disclosure statement and the recovery memo the IO has not been examined and the Shiv Ram witness died during the Course of Trial.
Court held that the prosecution had failed miserably to bring home the guilt of the accused person beyond any reasonable shadow of doubt and accordingly the accused are acquitted by giving them the benefit of doubt. They shall be released from custody if not detained in some other case. JNF
JNF/JULY/06/2011/2
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