Excelsior Correspondent
SRINAGAR, Feb 1: High Court has turned down the plea of not giving the adequate opportunity to the prosecution to produce its evidence in the attempt to murder case which led to the acquittal of the accused and upheld the judgment of trial court by acquitting the accused from charges.
Justice Sanjay Dhar while hearing a criminal revision petition filed by relatives of the deceased seeking setting aside the judgment of trial court whereby the accused persons for charges of attempt to murder of a lady have been acquitted, said the instant petition is held to be not maintainable and dismissed the same accordingly.
Court concluded that in face of the nature of the evidence adduced before the trial judge, there was no alternative left with the trial court but to acquit all the accused from the charges. “It is not a case where any material evidence have been overlooked by the trial court, nor is it a case where the trial court has shut out the evidence which the prosecution wished to produced”, Justice Dhar recorded.
Court on investigation in the matter by prosecution said, it has taken as many as eight years to them to complete the evidence before the trial court and there is no question of not affording them sufficient and enough opportunities to produce the evidence.
For not challenging the verdict of trial court by the authorities against the acquittal of accused persons, court said it is the primary responsibility of the State to file an appeal against the judgment of acquittal and the right to file an appeal in a case instituted upon a police challan is the sole prerogative of the State.
Father of the deceased had approached the High Court for setting aside the acquittal of accused persons. As per the challan of investigating agency before the trial court, the deceased Mamta Devi died in the year 2005 due to burn injuries received by her.
The father of the deceased challenged the acquittal on the ground that the investigation in the case conducted by the agency in a very casual manner as the most of the witnesses have been withheld by the prosecution as also the findings of the trial court are against the law.
The trial court after recording statement of as many as 12 prosecution witnesses and one defence witness, acquitted the accused persons from the charges of attempt to murder on the ground that the case suffers from serious infirmities.
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