Excelsior Correspondent
JAMMU, Oct 17: Division Bench of High Court comprising Justice Virender Singh and Justice Bansi Lal Bhat today set-aside the life-imprisonment awarded by the Sessions Judge Kulgam to Bashir Ahmed Wagay in murder case.
According to the prosecution case, deceased Ismail Naik was murdered by the accused Bashir Ahmed Wagay on instigation of Saida wife of deceased as the accused was having illicit relations with her and he wanted to contract marriage with her.
After hearing both the sides, DB observed, “despite proof of motive that the accused considered the deceased as obstacle in continuing with his illicit relationship with the wife of deceased raising strong suspicion about complicity of accused in murder of deceased, prosecution has failed to bring on record substantive, cogent, reliable and legally admissible evidence to hold the accused liable for the authorship of alleged crime”.
With these observations, Division Bench set aside the judgment of conviction and order of sentence of life imprisonment and other sentences slapped upon the accused-Bashir Ahmed Wagay. The DB rejected the reference for confirmation of sentence of life imprisonment and ordered acquittal of accused.
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