Excelsior Correspondent
SRINAGAR, Nov 14: Observing the lack of skill in investigation by the investigating authority, High Court today acquitted the accused of murder charges and directed his release.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey acquitted the accused of murder charges on the ground that the investigating agency has not shown commitment towards investigation of the case which, the court said, ‘may be because of lack of skill of investigation.’
“In the process, they (investigating agency) appeared to have hoodwinked the case in order to show that a murder case is solved. The murder of deceased has remained a mystery which has been compounded by the unskilled investigation”, Court said. “Quite shocking that a gruesome murder of a young lady has remained to be unearthed and in the process inhuman criminal whosoever it was responsible for killing the deceased has gone unpunished”.
Court on complete appreciation of evidence in the background of law and the principles as laid down, said, there is no scope for holding the appellant as guilty.
Court has held that the charge against the accused has not been proved and directed his release. “Judgment pursuant to which accused has been convicted and the order, pursuant to which accused has been sentenced to life imprisonment being unsustainable, as such, set aside. The appellant is acquitted, shall be released forthwith”, the DB directed.
Accused was convicted by the Trial Court (vide judgment dated 08.06.2012 for commission of offence punishable under Section 302 RPC and vide order dated 12.06.2012) and sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/, in default of payment of fine, has been directed to undergo simple imprisonment of three months.
Aggrieved by the judgment impugned and order, instant appeal has been filed by Raj Mohammad Piswal of Rohama. He (accused) was held accused in the commission of offence under 302 and charge sheet (challan) was presented to the effect that during investigation accused is established to have committed the offence punishable under Section 302 RPC.
“Accused was husband of the deceased who after divorce was married to one of prosecution witness. It appeared that in the same background, finger of suspicion has been raised against the accused and he has been implicated”, read the judgment.
DB said, that contradictions in the testimony of prosecution witness are so glaring, which by no standard can stand the test of credibility and reliability and then being close relative, on strict scrutiny, is found to be unsafe for recording any conviction.
Court after perusal of witness reports said, it is not every discrepancy which affects credit worthiness and trustworthiness of a witness. There may at times be exaggeration or embellishment not affecting the credibility. The court has to sift the chaff from the grain and find out the truth.
“The evidence may be closely scrutinized to assess whether an innocent person is falsely implicated. Mechanical rejection of evidence even of a partisan or interested witness may lead to failure of justice”, read the judgment.
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