| HC acquits 3 murder accused, orders their release after 8 years | | | Early Times Report
Srinagar, Sept 5: A division bench of the state high court has acquitted three persons who were arrested by police for murdering a man in Shopian district of south Kashmir in 2007.
The division bench of the court comprising justice Mohammad Yaqoob Mir and justice Ali Mohammad Magrey was hearing an appeal filed by three accused, Abdul Rashid Wani, his son Sajad Ahmad Wani of Heerpora Shopian and Rafiq Takad of Rajouri, challenging a sessions court order, convicting and sentencing them for murdering one Mohammad Yasin Wani of Heerpora Shopian on 1 June 2007.
As per police, the trio under a conspiracy killed Yasin when he had gone to a local mosque for offering late evening prayers.
According to police, Rashid had caught the Yasin's by his collar while Thakur repeatedly smashed his head with axe while Sajad attacked him with 'danda', resulting into his death.
Rashid and Thakur were arrested immediately while Sajad surrendered later. After about six years, sessions court Shopian convicted and sentenced them to rigorous imprisonment for life and fine of Rs 50,000 each.
"Whether the prosecution (police) has been able to prove its case, same depends upon the testimony of three star witnesses, Sheeraz Ahmad Wani, Rayees Ahmad Wani and Abdul Hamid Wani. Before appreciating the deposition of the witnesses, it has to be borne in mind that the depositions of relative witnesses have to be examined with great care and circumspection," the division bench said.
Sheeraz, the court observed, is Yasin's nephew, Hamid brother and Rayees is also his relative.
"Trial court has ignored the contradictory depositions of witnesses coupled with the statement of investigating officer and then the position of demonstration, processions which continued for some time in the village demanding actual identity of the assailants," the court said, observing that law has to be applied on the fact position of the particular case.
"When the facts are shaky, deposition are such which are not enough to inspire confidence more particularly when the witnesses are relative witnesses, more care is required to be taken while appreciating their depositions. Otherwise basic occurrence has not been seen by anyone," the court said and ordered the release of accused if not wanted in any other case. |
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