Excelsior Correspondent
JAMMU, Aug 19: In a rarest of rare case High Court has set-aside the judgment of Trial Court whereby accused in murder case was acquitted and remanded the case back to the Sessions Court Poonch for fresh trial.
According to the police case, on the intervening night of August 6-7, 2004 the accused shot dead the retired Sub Inspector Mohd Bashir. Initially, the killing was suspected to be handiwork of the militants operating in the area. Later, the case was transferred to Crime Branch which during investigation came to know that Mohd Bashir, son of Lal Din and his son Zaheer Abbas hatched a conspiracy with accused SP Mohd Iqbal and in pursuance of the same killed the deceased.
After hearing AAG Ravinder Sharma for the State whereas RP Sharma for the respondents, the Division Bench comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal observed, “the entire case rests upon circumstantial evidence and referring to law position as regards circumstantial evidence, trial court has totally failed to discuss and appraise the evidence to ascertain as to what circumstances were established”.
“The case deserves and calls for appraisal of entire evidence afresh and the acquittal recorded by trial court cannot sustain”, the DB said while setting aside the judgment whereby Trial Court acquitted the accused and remanded the case back to the Sessions Judge Poonch, who was directed to secure attendance of the respondents, hear the arguments and decide the case afresh.
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