Excelsior Correspondent
JAMMU, Mar 29: Principal Sessions Judge Poonch, Jaffer Hussain Beigh acquitted Ali Mohd, son of Kala, Showket Ali, son of Mohd Kala and Shamesh Din, son of Ghulam Din, all the residents of Mendhar, who were facing trial in a murder case of one Salam Din over an old enmity.
While acquitting the accused persons, Principal Sessions Judge Poonch observed, “it is very difficult to agree with the prosecution that the accused were present at the scene of offence and participated in the act attributed to them”, adding “when there is inconsistency between the statement of eye witnesses and the presence of the eye witnesses on the spot is doubtful, there is also doubt about the presence and participation of the accused persons in the crime attributed to them”.
“Since the evidence of eye witnesses as to the overt acts is quite unreliable, it is not safe to accept such evidence and convict the accused. Since the testimony of the entire eye witnesses have been discredited the result is that the accused persons are acquitted for commission of offences with which they are charged”, the court said.
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