Zubair Mahajan was accused of murdering his father Nazir Mahajan
Srinagar: A trial court in Srinagar on Tuesday acquitted Zubair Nazir Mahajan from the charges of murdering his own father.
The court of first additional sessions judge, Srinagar, Naseer Ahmad Dar, acquitted Zubair and his friend Suhail Ahmad Bhat in murder case of businessman Nazir Ahmad Mahajan after 11 years of trial.
The body of Nazir Mahajan was recovered by police on 25 September 2007 from Rajbagh near Income Tax office in a sack, a day after he went missing from his shop at Dalgate. The sack was sealed by a nylon thread and blood was oozing out from wounds in the head.
Police later arrested the victim’s son along with his friend on charges of murdering his father.
The court while acquitting the two said prosecution has failed to prove charges against the accused.
“This court is convinced on the basis of evidences and facts produced that the accused in this case should be let free as no charge of offence is made out against them.”
Defense counsel Muhammad Abdullah Pandit said that though 11 years cannot be compensated “but at least a son has been freed from charges of murder of his own father”.
“He (Zubair) has spent 11 years wherein people believed that he had killed his father but today court has acquitted him shutting all those equations where people believed what actually has not happened,” Pandit said.
“The court is of the opinion that prosecution case fails for want of cogent and clinching evidence against the accused persons and consequently prosecution has failed to prove the charges against the accused persons,” the court said.
Both the accused were acquitted of charges under sections 302,120-B,201, 468,471,420 RPC.
“They (accused) are set at liberty in the open court, if they are not required by the police or any other agency in any other case. Seized property, if any shall be disposed off in accordance with law after the period of appeal is over,” the court said.
The court added that the burden to prove a charge against the accused always lies upon the prosecution and the prosecution cannot take the benefit of the weaknesses of the defense.
It added the prosecution has not only failed to prove the main circumstances relied upon by them, but they have also failed to prove the motive of the crime and consequently the chain of circumstances have completely broken down.