SrinagarNo amount of suspicion can result in conviction without there being tangible evidence indicating culpability beyond reasonable doubt, the Jammu and Kashmir High Court has said as it ordered acquittal of a man from Kupwara who was sentenced to simple life imprisonment in 2014 for an alleged murder in 2004.
According to the prosecution, Ghulam Nabi Mougal on 02 September 2004, he, after entering into a conspiracy with the two other accused persons in Hotel Shamim in order to obtain arms and ammunitions of Abdul Rashid Mougal of Hyhama Manigah and to kill him. They took Rashid Mougal to a desolate place near Jummatari and Ghulam Nabi, in the presence of the other accused, pushed the deceased, who fell on the ground, the prosecution said. Ghulam Nabi snatched the rifle of the Abdul Rashid and, using the same, fired at him. He also took a pistol, wireless set and rifle and kept these arms and ammunitions hidden in two houses which during investigation were recovered, the prosecution said. Consequently, the Ghulma Nabi was charged along with two others of having committed the offences under Sections 120-B, 302, 379 RPC and 7/25 of the Arms Act.
However, Ghulam Nabi and others denied the charges. Consequently, the trial ensued and culminated in the conviction of Ghulam Nabi under Section 302 RPC and 7/25 of the Indian Arms Act, while the other two accused Shazad Ahmad Khan and Khurshid Ahmad were acquitted. The trial court has convicted (Ghulam Nabi) on the basis that (he) and the deceased were last seen together by placing reliance on, inter alia, the testimony of Mst. Lethi (sister of deceased) which we find to be insufficient for the purposes of returning a finding of conviction. The trial court, surprisingly also placed reliance on the fact that everybody was suspecting the involvement of the appellant, a division bench of Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey said, adding, no amount of suspicion can result in conviction without there being tangible evidence direct or circumstantial indicating culpability beyond reasonable doubt.
The court observed the womans conduct was quite unnatural. On the one hand, she is alleged to have stated that she saw the accused and the deceased going together towards Jummatari and that she heard the firing, whereupon, she apprehended that her brother had been killed. On the other hand, she did nothing that evening, although, according to her, there were others with her including one Riyaz Ahmad, to either report the firing or go to the scene of occurrence.
She waited till the next morning to go to the place of occurrence when a large number of people had already gathered around the dead body of her brother, the court said, and held that her conduct was far from being natural.
We are of the view that the prosecution has not been able to establish its case against (Ghulam Nabi) beyond reasonable doubt, the court said, consequently, set aside the order of conviction and sentence.
The appeal (by Ghulam Nabi) is allowed and the reference is also disposed of as there does not survive any sentence. The appellant is liable to be released forthwith as he has been acquitted of all charges, the court said and ordered the concerned Jail Superintendent to set-free Ghulam Nabi.
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