SRINAGAR, Jan 4: The High Court has set aside the life sentence to a man awarded by the trial court for murder and other offences and acquitted him from all charges.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar set aside the life sentence awarded to one Shahijhahan Padder of District Kulgam and acquitted him from all the charges made in the challan.
The appellant-Padder filed an appeal before the court against the judgment of Sessions Judge Kulgam seeking setting aside his conviction and sentence recorded against him whereby he was held guilty of offences punishable under Sections 364, 302 and 201 of the Ranbir Penal Code (RPC), vide judgment dated 30.09.2021.
Under the judgment of trial court, the appellant-Padder was sentenced to life imprisonment with a fine of Rs10,000 for the offence under Section 302 RPC; rigorous imprisonment for ten years with a fine of Rs. 5,000 for the offence under Section 364 RPC; and rigorous imprisonment for three years with a fine of Rs. 5,000 for the offence under Section 201 RPC, in a challan arising out of FIR No. 96/2010 of Police Station Kulgam
“The conviction recorded by the Trial Court is found to be perverse and unsustainable. Consequently, the appeal is allowed, the conviction and sentences recorded against appellant are set aside, the appellant is acquitted of all charges”, the Division Bench.
Briefly stated, the prosecution case is that on 26.04.2010, the complainant lodged a written report at Police Station Kulgam alleging that her husband had a dispute with his father, and that on 25.04.2010, the deceased had gone with the appellant-Padder and thereafter went missing. She suspected that the appellant-Padder had abducted him with the intention to kill him. On receipt of this report, FIR No. 96/2010 under Section 364 RPC was registered and investigation commenced.
During the investigation, Police Station D H Pora, informed Police Station Kulgam through wireless that a dead body was lying in a garden adjacent to village Adijan. The body, found in a garden was identified by Khazir Bhat as that of the deceased. The body was taken into custody and sent for autopsy. After a post-mortem examination, the body was handed over to the in-laws of the deceased. Considering the nature of injuries, the case was converted into one of homicide and Section 302 RPC was added.
During further investigation, the appellant-Padder, along with one Ayoub Magrey and Suhail Magarey and father of the deceased were taken into custody on suspicion. It is alleged that during interrogation, the appellant-Padder disclosed that he had killed the deceased with an Axe and, pursuant thereto, the Axe and a mobile phone were recovered from his residential house and cowshed respectively.
But the Investigating Officer admitted in cross examination that there was no evidence against the appellant-Padder except the alleged disclosure statement, that several key witnesses were not examined, that other suspects were neither properly investigated nor ruled out, and that no blood-stained clothes of the appellant were seized.
“It is also well settled that suspicion, however strong, cannot take the place of proof beyond reasonable doubt. An accused cannot be convicted merely on suspicion, as the presumption of innocence continues to operate until guilt is proved beyond reasonable doubt”, the court said.
The court added, that the accused offered an explanation which the prosecution failed to disprove. The investigation failed to explore alternate possibilities and was conducted in a perfunctory manner.
