Excelsior Correspondent
Srinagar, July 22 : A local court today convicted a person in attempt to murder case and acquitted two others as the prosecution failed to prove them guilty and directed the jail authorities to produce the convicted person before the court on next date of hearing.
The court of Additional Sessions Judge Sopore presided by Ajaz Ahmad Khan convicted Nazir Ahmad Parra of Aadipora Sopore for offence of attempt to murder and acquitted the others -Zahoor Ahmad Parra and Riyaz Ahmad Sheikh of Sopore- as the prosecution failed to prove them guilty in the incident.
Parra has been convicted under Section 304 of CrPC for giving a blow with an iron rod on the head and chest of deceased Arbaz Bashir Khan in the year 2009. During the investigation it appeared that all the three accused involved in the offence jointly with common intention to kill, threw the deceased from the bus who has got serious injured and thereafter died.
Court after appreciating the statement of witnesses and the relevant record said, the prosecution has failed to put forth that there was any intention on part convicted-Parra to cause the death. “There is no enmity in between the parties at any point of time. In these circumstances the instant case fall within the parameters of exceptional clause 4 of sec 302 RPC”, Court said.
Court said the prosecution has not put forth any material which could inculcate that convict-Parra had any intention to cause death of the deceased. With regard to two other accused, court has held that the prosecution has failed to prove the guilt of the other two accused and accordingly acquitted them of the charges as leveled against them.
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