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DB sets aside Acquittal appeal, awards life sentence in murder case 3/11/2015 11:17:40 PM Early Times Report Jammu, Mar 11: In an appeal filed by the State against the acquittal of one Khurshid Ahmed in murder case, Division Bench (DB) of State High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat in a landmark judgment set aside the judgment of acquittal and found accused guilty of offence u/s 302/341 of RPC and awarded life-imprisonment to Khurshid Ahmed. Court said if he fails to surrender within two weeks, non-bailable warrants of arrest shall be levied to secure his presence. After hearing going through case and statements of the witnesses, the Division Bench observed that court has no hesitation in observing that Trial Court Judgment has resulted in grave miscarriage of justice. "We are shocked to observe that the Sessions Judge has adopted a perfunctory approach in appraisal of evidence brought on record by prosecution and accordingly reverse the judgment of acquittal and find the accused guilty of offence under Section 302/341 of RPC for having committed offence of murder of Arshad Sajjid Bhat," the Division Bench said. With these observations Division Bench awarded life-imprisonment to Khurshid Ahmed and directed that the convict shall surrender to suffer sentence. Division Bench observed if he fail to surrender within two weeks, non-bailable warrants of arrest shall be levied to secure his presence and upon execution thereof he shall be committed to Central Jail- Jammu for suffering sentence. According to the police case that on 18/05/2006 Arshad Sajjad, in an injured condition accompanied by his father laid information at Police Station Bhaderwah alleging that the respondent (herein after referred to as "accused") accosted him on the way near Masjid and assaulted him with a rod on his head causing injuries. Case under FIR No. 53/2006 came to be registered under Section 341/323 of RPC. The injured was referred to hospital as the condition of injured became serious, offence under Section 307 of RPC was added. Later injured was shifted to Government Medical College Jammu as his condition deteriorated, however he succumbed to injuries while under treatment in GMC Hospital Jammu. After completion of investigation challan was presented and then Principal Sessions Judge Bhaderwah acquitted the accused. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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