Srinagar: A court here on Saturday acquitted a man accused of murdering his father at Rainawari Srinagar in 2009.
According to police on 18 December 2009, a written complaint was received alleging that one Bashir Ahmad Rather had some altercation with his wife. Thereafter at 10.00 pm, he had an altercation on Rs. 300 with his son Bilal Ahmad Bhat alias Raju. The complaint filed by the brother of the deceased stated that he came to know that Bilal had given a forceful blow with a wooden plank over Bashir Ahmad Rather as a result of which he fell down on spot and became unconscious. Later on he breathed his last in the hospital, the compliant added.
Subsequently, police station Rainawari lodged (FIR No. 109 of 2009) for offence punishable under section 302 RPC and started investigation in the matter. Three days after the incident, police arrested Bilal on 21 December 2009.
“Whatever evidence has been brought on record by the prosecution, if that is taken as it is and is not rebutted by the accused even then conviction of the accused is not warranted by any stretch of imagination,” the court of Principal Sessions Judge, Jawad Ahmed said.
“Thus, this is a clear case of no evidence and the accused is not required to produce the defence evidence in this case,” the court said and acquitted the accused, Bilal Ahmad.
The court verdict followed perusal of the witnesses in the case. “They all have been cited as eye witnesses…From their statements, it is clear that none of them is eyewitness to the occurrence,” the court said, adding, “PW1 (prosecution witness 1) happens to be the relative of the deceased. He has lodged the FIR but he is not witness to the occurrence. In cross examination he has very specifically stated that he has no personal knowledge about the occurrence. He has stated that he had heard that the accused killed the deceased. This is based on heresay, which is of no legal significance.”
Similarly, two other witnesses have stated that they have no personal knowledge about the occurrence. “PW6 has stated that he does not know who had killed the deceased. PW7 has stated nothing incriminating against the accused. PW8 has stated in his cross examination that he did not see the accused killing the deceased and …. come to know that the deceased was killed by the accused and is based on heresay, which is of no legal significance,” the court said, adding, “PW9 stated nothing incriminating connecting the accused with the commission of crime. PW10 has stated that the younger son of the deceased Asif had told ST him that accused had given a blow of wooden plank to the deceased with which he died. He has stated that he was not present on spot again his statement is based on heresay. More so Asif, younger brother of the accused, is not a witness in this case.”