Excelsior Correspondent
JAMMU, Nov 8: Additional Sessions Judge Baramulla Sanjeev Gupta today decided 30 years old murder case and acquitted six accused. Six other accused in the case died during the period of trial.
As per prosecution case, one Habib Ganaie was killed by the accused persons in the month of May 1989 over some land dispute.
“It is apparent that story of laying an ambush by the accused as projected by the prosecution is totally a concoction which is not supported by evidence on record, rather occurrence seems to be an outcome of a sudden scuffle between both the factions in which lathies, stones and an iron rod were used resulting in injuries to both the parties and unfortunate death of deceased”, the court observed.
“The prosecution on the basis of evidence on record failed to prove that accused persons formed an unlawful assembly with a view to accomplish the common object of doing away with the life of deceased and causing injuries to others”, the court further observed, adding “in the ultimate analysis and in the fact and circumstances of the case it is apparent that prosecution has miserably failed to prove its case against the accused beyond a reasonable doubt”.
Accordingly, prosecution case was dismissed and accused Hassan Lone, son of Abdullah Lone, Maqbool Lone, son of Ahad Lone, Farooq Lone, son of Abdullah Lone, Akbar Lone, son of Jabar Lone, Gull Lone, son of Sidiq Lone and Naba Lone, son of Sultan Lone were acquitted of the charge.
Mohammad Abdullah Lone, son of Ahmad Lone, Nabir Lone, son of Jabar Lone, Ahmad Lone, son of Mahda , Sona Lone, son of Wali Lone, Habibullah Lone, son of Sidiq Lone and Sultan Lone, son of Sidiq Lone died during the trial.
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