Excelsior Correspondent
Srinagar, Sept 5: High Court today acquitted three murder accused and directed the Superintendent Central Jail to release them.
The Division Bench of Jammu and Kashmir High Court comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey directed for release of three persons who are languishing in jail for the last 10 years in murder case and directed the Superintendent Central Jail to release the trio forthwith if they are not required in any other offence.
Setting aside the conviction and sentence awarded by trial court and directing for release of trio, the HC said that the trial court has not appreciated the entire evidence in its proper perspective.
” Trial court has ignored the contradictory depositions of witnesses coupled with the statement of IO, then the position of demonstration, processions which continued for some time in the village demanding actual identity of the assailants”, court said.
Court while examining the statement of witness which have been examined and cross-examined during the trial by the trial court said among these statements, three star witnesses – Sheeraz Ahmad Wani, Rayees Ahmad Wani and Ab Hamid Wani and Arshid Ahmad Wani – statements are totally doubtful as such the accused persons deserved to be granted ‘benefit of doubt’.
Court said whether the prosecution has been able to prove its case, same depends upon the testimony of three star witnesses – Sheeraz Ahmad Wani, Rayees Ahmad Wani and Abdul Hamid Wani. “Before appreciating the deposition of the said witness has to be borne in mind that the depositions of relative witnesses have to be examined with great care and circumspection as Sheeraz is nephew of deceased, Hamid is brother and Rayees is also a relative of the deceased who according to them, were the first to reach the place of occurrence and have given different versions and the position of their depositions has been made totally doubtful by witness Arshad Wani son of deceased”, court recorded.
Court said that murder has been committed but actual criminal has not been traced, as such it is unsafe to hold the accused persons guilty. “The suspicious position of the case would suggest that the murder has been committed but actual criminals have remained to be exposed. On the strength of the depositions of the witnesses, position of which is shaky, it shall be totally unsafe to hold the accused persons guilty” the court said, adding “therefore the persons are entitled to benefit of doubt, the judgment of trial court recording conviction and the order awarding the sentence, as impugned in this case, being unsustainable, as such, are set aside. Accused who have been languishing in the jail for last nearly 10 years shall be released forthwith, if not required in any other case. Superintendent Central Jail, Srinagar, be informed to release the accused persons”, court directed the jail authorities while allowing the appeal of accused persons.
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