Excelsior Correspondent
JAMMU, July 2: Principal Sessions Judge Rajouri Jaffer Hussain Beg has acquitted alleged accused in murder case which was registered nearly 10 years back.
As per the prosecution case, on 17-09-2010 the complainant Amjed Hussain lodged a written report before Police Station Manjakote with averments that on 16-09-2010 his sister Afsana Farooq had gone all alone to cut the grass for cattle in her field situated at a distance from her house.
When his sister was cutting the grass, accused Mohd Younis, son of Munshi Ram of Kotli Kalaban in Rajouri district with criminal intention attacked her with an axe and caused grievous injury on her head. Soon after committing the crime, the accused fled away from the spot leaving the victim in pool of blood. Later, the Afsana Farooq succumbed to her injuries.
On this report, FIR No.68/2010 for offence under Section 302 RPC was registered at Police Station Manjakote and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor Shaheen Ahmed Khan and Advocate Inderjeet Sharma for the accused and going through the statements of prosecution witnesses as well as material on record, the Principal Sessions Judge Rajouri Jaffer Hussain Beg observed, “the eyewitnesses have been found not believable and the statement of all the eyewitnesses have been found false and are rejected”.
“When it has not been proved that three injuries due to which death was caused to the deceased were not caused by the axe; when it has not been proved that such axe was used by the accused or was in the hand of the accused at any time during the course of occurrence; when the presence of the accused on the site at the time of occurrence is not proved by the prosecution; when there is contradiction between the eye witnesses and medical experts regarding the weapon of offence; when no expert has been produced before this court to substantiate that the alleged axe has really been used in causing the injuries to the deceased; when there is unexplained delay in lodging the report and when it is proved that there was enmity between the prosecution witnesses it can be easily held that the accused is innocent and false case has been lodged against him”, the court said.
Accordingly, the court dismissed the challan and acquitted the accused. “He shall be set free from the custody forthwith. The seized articles shall be destroyed after the period of the appeal”, the court ordered.
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