Excelsior Correspondent
Srinagar, Feb 16: High Court today observed that the prosecution story as projected to oppose the acquittal of two persons in murder case is incredible and unbelievable and held the acquittal by the trial court as reasoned proper.
The Division Bench of Justice Sanjeev Kumar and Justice Mohan Lal said the prosecution has miserably failed to prove the guilt of accused persons beyond reasonable doubt for commission of murder and held the challenge of their acquittal by trial court proper. The DB dismissed the prosecution appeal as meritless by recording that the acquittal judgment by trial court does not suffer from any legal infirmity or impropriety.
Court added that the judgment of the trial court does not call for any interference from High Court and upheld the judgment under challenge. On the basis of evidence adduced by the prosecution DB said, there is no legal evidence on record to prove that accused persons are the mastermind of the murder of deceased/Ziaullah.
“The direct evidence of the eyewitnesses as well as the circumstantial evidence relied upon by the prosecution are not strong enough indicating the involvement of the accused persons in the commission of crime, and the circumstantial evidence is not compatible with the possibility of guilt of accused persons. The witnesses examined by the prosecution have not been able to put forth in their evidence a ring of truth so as to inspire confidence in this court”, reads the judgment.
Court said, the evidence of prosecution witnesses is qualitatively and quantitatively insufficient to bring nexus between the accused persons and commission of the offences indicted against them and the same renders the entire story of the prosecution as incredible and unbelievable in the manner projected. “On proper assessment, evaluation and estimation of the evidence adduced by the prosecution, the evidence appears to be weak, fragile, lacking credibility, does not prove the connecting link between the accused persons and the commission of offences indicted against them, and is based on surmises and conjectures”, DB recorded.
Court added that it would be highly dangerous and hazardous to hold the accused persons guilty of offences alleged against them on the basis of weak, shaky and unacceptable evidence. The whole case of the prosecution, court said, therefore, becomes doubtful and for these reasons and discussion, the prosecution has miserably failed to prove the guilt of accused persons beyond reasonable doubt for commission of offences under Section 302/34 RPC
The instant Criminal Acquittal Appeal was directed against the judgment and order Sessions Judge Bhaderwah against two persons viz Swarn Singh and Raj Singh and their acquittal was questioned various grounds by the prosecution. The FIR in the case was registered on the directions of High Court with the further direction that the investigation in the incident be got conducted by the Police Officer who is not connected with the case.
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