SrinagarThe Supreme Court of India has asked its registry to issue D.O. letter for original records regardin a murder case in Shopian district in 2007. The Apex Court has ordered Listing of the case again on March 21. The case been taken to the apex court by the State government and it has challenged judgment of the J&K high court, acquitting three persons who were arrested by police for murdering a man in Shopian district of south Kashmir in 2007.
In 2016, a division bench of the state high court had acquitted Abdul Rashid Wani, his son Sajad Ahmad Wani of Heerpora Shopian and Rafiq Takad of Rajouri. The trio was convicted and sentenced by a sessions court for murdering one Mohammad Yasin Wani of Heerpora Shopian on 1 June 2007. They had filed an appeal against the sessions courts order before the high court which was allowed by the states highest court.
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 Yasins 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 high court had said.
Sheeraz the high court observed, is Yasins 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 had 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 high court had said and ordered the release of accused if not wanted in any other case.
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