Excelsior Correspondent
JAMMU, Mar 13: The Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has acquitted a man who had been sentenced to life imprisonment in a 2002 murder case, holding that the prosecution failed to prove the charges beyond reasonable doubt.
The case dates back to 30th May 2002, when Wazir Mohammad was found seriously injured in Roop Nagar, Jammu and was taken to the Government Medical College Hospital. According to the prosecution, the accused Fazal Hussain, a resident of Gundi, Budhal in Rajouri district, had allegedly attacked the deceased with a digging tool over suspicion that the deceased had developed illicit relations with his wife.
Initially, the police registered a case under Section 307 of the Ranbir Penal Code (attempt to murder), but after the victim succumbed to injuries in hospital, the offence was converted to Section 302 RPC (murder). The trial court later convicted Fazal Hussain and sentenced him to life imprisonment along with a fine of Rs 5,000.
Challenging the conviction, the appellant through Senior Advocate Deepika Mahajan along with Advocate Atharav Mahajan argued before the High Court that the trial court relied mainly on the testimony of a minor child witness, Shah Begum, the daughter of the deceased, who was projected as the sole eyewitness to the incident. The defence contended that her statement contained significant contradictions and lacked corroboration from other evidence.
The defence also questioned the alleged recovery of the weapon of offence and the prosecution’s claim regarding motive, arguing that the evidence was weak and unreliable.
During the trial, several key witnesses did not support the prosecution. Bagh Hussain, who had taken the injured to the hospital and was the first person present at the scene, was declared hostile and denied witnessing the assault. Independent witnesses cited for the recovery of the alleged weapon also failed to support the prosecution version.
The High Court observed that this weakened the prosecution’s case substantially because the case effectively depended on a single child witness without sufficient supporting evidence. The bench carefully examined the testimony of the minor witness and noted material discrepancies between her statement recorded during investigation and her deposition before the court regarding how the incident occurred.
The Court observed that such contradictions were not minor inconsistencies but went to the root of the prosecution story, thereby making the evidence unreliable.
The prosecution had alleged that the accused attacked the deceased because he suspected an illicit relationship between the deceased and his wife. However, the High Court noted that no witness substantiated this claim, leaving the alleged motive unproven.
The Court further pointed out that the medical evidence only established that the death was homicidal, but it did not conclusively connect the accused with the crime. According to the medical expert, the injuries could also occur due to a fall on a hard surface.
After evaluating the evidence, the bench held that the prosecution failed to prove the case beyond reasonable doubt. The Court reiterated the principle of criminal law that suspicion, however strong, cannot replace proof.
Accordingly, the High Court allowed the criminal appeal and set aside the conviction and life sentence and acquitted Fazal Hussain of the charge under Section 302 RPC.
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