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| DB dismisses plea against acquittal in 'murder case' | | | EARLY TIMES REPORT
Jammu, Mar 2 : A Division Bench (DB) of J&K High Court Jammu Wing today dismissed the criminal appeal filed by the State against judgment of Trial Court whereby Trial Court acquitted all the accused from the charges u/s 302/34 RPC.
Division Bench of J&K High Court Jammu Wing comprising Justice JP Singh and Justice Mohd Yaqoob Mir today dismissed the criminal appeal filed by the State against judgment of Trial Court whereby 'trial court' acquitted all the accused from the charges u/s 302/34 RPC.
Division Bench after hearing AAG AH Qazi for the State whereas Adv Sanjay Sharma for the accused persons observed that according to Altaf Hussain, he had recorded Nahida Qamar's statement in presence of Dr. Iqbal Malik in the Hospital but Dr Malik did not support the prosecution, saying that Nahida Qamar would speak in a very feeble tone and on being enquired, had stated that no body had brunt her. No other prosecution witness supported the prosecution case. Thus, finding the prosecution to have miserably failed to prove its case against the respondents (alleged accused), the learned Sessions Judge acquitted vide his order dated December 14, 2010.
The Division Bench further observed that the eye-witnesses to the occurrence having failed to support the prosecution case and in this view of the matter DB do not find any ground to interfere with the respondents' acquittal, which decision of the Sessions Judge is well merited and dismissed the criminal appeal filed by State against judgment of Trial Court.
According to the police on August 21, 2004 accused person having poured kerosene oil on Nahida Qamar and set her on fire. Lal Begum, Mushtaq Ahmed and Ajaz Ahmed-respondents were tried for offences contrary to Sections 302/34 RPC. (JNF) |
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