SRINAGAR: The Court of the Principal Sessions Judge in Kishtwar has acquitted three individuals accused in a murder case after eight years. The judgement came on July 14, 2023 as a result of the prosecution’s failure to present credible evidence.
The incident occurred on September 5, 2015, near the Hospital Chowk in Hullar Tehsil when Nissar Ahmed was allegedly stabbed by Imtiyaz Hussain with a dagger. Soon after the stabbing event, a case was registered in Police Station Kishtwar under FIR no 152/2015 under the section 302/34 RPC.
The accused was arrested on September 8, 2015 by SHO. After recording statement of the witnesses under section 164, two other accused namely Mehraj-ud-Din and Ayaz Ahmed were found involved. The duo was arrested on October 2, 2015.
During investigation, it was found that the deceased and the prime accused both are transporters. An argument had taken place on September 5 which led to the murder of the deceased. The prosecution produced as many as 42 witnesses. But, the statements of said witnesses were poles apart from each other and the prosecution has failed to prove the disclosure statement as also the recovery memos beyond any shadow of doubt. Many of the witnesses appeared to be chance observers, and some doubts arose regarding their presence at the crime scene.
Additionally, the court criticised the investigating officer’s unprofessional approach, failure to call crucial witnesses, and mishandling of the recovery memos.
Throughout the investigation, the police collected the deceased’s body, conducted a post-mortem, and obtained various pieces of evidence, including blood-stained clothes and the weapon of offense. However, the court identified several inconsistencies in the prosecution’s case, leading to the acquittal of the accused.
Due to the multiple discrepancies and irregularities in the prosecution’s case, the court ruled in favor of the accused, providing them with the benefit of doubt and acquitting them of the charges under Section 302/34 RPC.
