Srinagar: A local court here framed murder charges against two accused in the murder case of Abiroo Shafi Bhat of Khwajapora, Nowgam.
The accused in the case are Asifa Huriya Jan, wife of the deceased, and her paramour moulvi Tanveer Ahmad Bhat of Lelhar Pulwama.
After hearing prosecutor Mujeeb Andrabi and defence counsel, second additional sessions Judge Tahir Khurshid Raina said the material on record reflects a detailed investigation done by the police and connects accused with commission of offence.
“I am convinced that the material on record prima facie suggests presumption of guilt of the accused in putting to death the deceased by strangulation on the intervening night of 10 May 2018. Accordingly, they stand charged for commission of offences of murder and criminal conspiracy under section 302,120-B RPC,” the court said.
Court added statements of material witnesses have got recorded by the police and disclosure memos are also the part of chargesheet wherein accused have disclosed the mode and method of putting to death the deceased, followed by recoveries of sedative drugs on the identification of the accused. “Medical evidence also corroborates the prosecution story as it opined that “prima facie cause of death is strangulation.”
Court added that counsel for both the parties (prosecution and defence) have read out witness statements and also of those recorded during police investigation. “They connect the accused with the commission of offence. Electronic evidence is also on record which reflects the intimation between the accused and stand corroborated by other evidence on record,” court said.
While referring to provisions of law, the court said at the time of framing of charge, the court has to see whether there is a sufficient ground for presuming that accused has committed the offence.
“It is not to see that whether accused can be convicted or acquitted. So a prima facie appreciation of the material is to be made to draw this presumption of guilt of accused at this stage,” court said.
The court read out the charges to the accused in the open court. Accused pleaded not guilty and preferred to be tried. The court directed prosecution to lead the evidences and listed the case for 29 October 2018 for next date of hearing.