Excelsior Correspondent
SRINAGAR, June 10: High Court has set aside the life sentence awarded 11 years ago to two persons for the commission of murder of a man in 2002.
The trial court in 2014 had found that the prosecution case proved beyond doubt and proceeded to hold the duo- Shamim Ahmad Parray of Jablipora and Gulshana of Qazigund- guilty for offences under erstwhile RPC Section of 302/34 (murder/acts done by several persons in furtherance of common intention) in connection with murder of one Farooq Ahmad Parray of Babapora.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar however overturned the verdict passed by Anantnag trial court and acquitted the duo of all the charges, since they are on bail, and discharged them of bail bonds.
“…We regret our inability to uphold the judgment of the trial Court. Accordingly, while allowing both these appeals, the judgment of conviction and sentence passed by the trial Court is set aside”, the court directed.
The court said that scanning of the recorded evidence led by the prosecution would disclose that the place where from wooden pestle (Chhota) was recovered, as per photographs captured during the course of investigation, from a place which could be easily noticed when a person enters the room (kitchen) rather it was not a place to the special knowledge of Shamim.
One of the prosecution witnesses has informed the Police agency about the incident, who swung into action and as per IO of the case, he seized the dead body and also examined the whole of the house including kitchen, corridor etc. but could not find anything incriminating,” the division bench said, adding, “So had there been blood ridden wooden pestle in the kitchen of deceased (Farooq), then such item could have been easily noticed by the Investigating Officer, which is not the case herein”.
“The recovery is not made from a place where the existence of the pestle is known to the accused only but it was accessible to one and all and the chances of it being a planted recovery cannot be ruled out,” the court said,” Division Bench said, adding, “At the cost of repetition given the testimony of the medical expert when the weapon was brought to him it had no blood stains then how come the blood stains were later on noticed by forensic examiner this all would lead to the probability that prosecution has resorted to padding of the evidence.”
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