Srinagar- A court in Srinagar on Thursday held a man guilty of culpable homicide not amounting to murder in connection with the death of a person during scuffle at Soura here in June 2018.
However, the court of Ist Additional Sessions Judge Srinagar Khursheed Ul Islam acquitted the two sisters of the convicted person.
The case, according to prosecution, was registered following a complainant by a woman with Police Station Soura that on 6 June 2018 her husband Ghulam Ahmed Mir was beaten to death by accused including Mukhktar Ahmed Shah, his father Ghulam Mohammed Shah and sisters of Mukhtar during irrigation of land. The victim, as per the prosecution, was attacked with a hard lathi and sharp weapon on the back of head.
“…on the basis of the legal propositions settled by the law, it can be safely concluded that prosecution has failed to establish that there was prearranged plan between the accused persons as such accused are not vicariously liable under section 34 RPC,” the court said, adding, “Another important point for consideration is the disappearance of spade used by accused No. 2 as weapon of offence. None of the witnesses cataloged by prosecution have stated regarding disappearance of the shovel neither through direct evidence nor through circumstantial evidence. As such does not attract punishment to accused persons under section 201 RPC. I am of the view that prosecution has miserably failed to prove that the accused has caused the disappearance of the spade.”
Furthermore, the court said, one of the accused—Ghulam Mohammad Shah— as per the prosecution story has used the spade in the quarrel has died during the trial and the proceedings against him stand abated.
“Viewed thus, I have no hesitation in observing, at the cost of repetition that the prosecution has succeeded in proving its case beyond any reasonable shadow of doubt against the accused No. 1 (Mukhtar) for committing culpable homicide not amounting to murder of the deceased,” the court said, accordingly convicted Mukhtar for offence under section 304 part II. Mukhtar’s sisters were acquitted of the charges levelled against them. Public Prosecutor Mumtaz Saleem Mir represented the prosecution.
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