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| Prosecution failure leads to acquittal of murder accused | | | Early Times Report
Jammu, Mar 26 : Following failure of prosecution to prove the offence, principal sessions judge, Udhampur, R S Jain today acquitted a murder accused.
According to the prosecution case, Naizaqit Ali allegedly murdered Liaqat Ali on May 14, 2015 on the national highway at Khari at about 1 am by inflicting injury on his head with a wooden stick (bat) while he was going towards Srinagar along with his animals. He was hospitalised where he later succumbed to his wounds. After completion of investigation, the IO presented challan against the accused in court under section 302 of RPC. The court observed that there was nothing on record as to how the investigating agency had come to know that the offence had been committed by the accused even as the case was registered on the basis of information received from a reliable source who must have seen the accused hitting the victim with a wooden stick. "I can well understand that identity of the reliable source need not to be disclosed more so when the case involves security of the country or the offence is of large magnitude involving different castes or religions. In this case, it is a simple case of alleged murder and there is no probation for the IO to make the reliable source a direct witness in the present case. This supports the theory of defence that it was a case of death by a vehicular accident and to solve it, police converted it into a murder case and foisted it on the accused," the judge said.
The court observed that the prosecution had failed to prove the guilt of accused beyond reasonable doubt by consent and clear evidence. Thus, the accused was hereby acquitted of the charges leveled against him, the court directed. (JNF) |
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