Excelsior Correspondent
Srinagar, Dec 23: It is after prosecution has failed to make its case against the accused, High Court today acquitted the owner of a private diagnostic centre whose alleged neglegence had led to death of a woman.
Hearing an appeal filed by the accused person against the verdict of Trial Court in which appellants (accused) were held responsible for death of a woman, the Division Bench of High Court set aside the conviction and acquitted all of them from the charges.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Mir after examining all the prosecution witnesses came to conclusion that the whole prosecution case is shrouded in mystery, confusion and worst confounded.
“Chain of links totally broken, therefore, on such type of circumstantial evidence, we are not persuaded to hold that the accused are guilty. Trial court has wrongly drawn the conclusion. In our view, evidence has been totally mis-appreciated”, DB has held.
Court also recorded that total doubtful position of the prosecution case, as narrated, inspires confidence that the guilt against the accused is not proved. “Thus the judgment passed by the trial court is unsustainable and to hold the accused guilty is not warranted”, Justice Mir and Justice Magrey said.
The appeal was against the trial court verdict by virtue of which accused Mohammad Altaf Hajam was convicted for commission offences (punishable under Section 316 read with Section 34 and 120-B RPC) and sentenced to rigorous imprisonment of 10 years with fine of Rs 20,000, in default of payment of fine to undergo further imprisonment of 6 months. He has also been convicted under Section 304-II/34 RPC and sentenced to the period already undergone with fine of Rs 30,000 in default of payment of fine to undergo further imprisonment for a period of 9 months. Besides him, Dr. Ghulam Nabi Bhat, Reyaz Ahmad Dar, Mohammad Ashraf Bhat and Safia were also convicted and sentenced.
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