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Court acquits son, his friend in murder case of Srinagar businessman after 11 years

INS Desk by INS Desk
February 6, 2018
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Accused can’t be punished on moral conviction or suspicion: HC 
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Srinagar: 1st Additional session Judge Srinagar on Tuesday acquitted two accused persons, one of them son of a businessman whose body was found murdered here nearly eleven years ago.
The accused persons acquitted include Zubair Nazir Mahajan son of the businessman Nazir Ahmad Mahajar whose body was found in September 2007. The other accused is Suhail Ahmad Bhat Son of Mehraj-ud-Din Bhat of Rajouri Kadal, Srinagar.
Body of Mahajan, a dealer of Kashmir handicrafts, was recovered from Income Tax Office lane in Raj Bagh Srinagar.
Police had said when Mahajan was writing price tags on the products, the accused who were friends had attacked the deceased from behind with a hammer.
“I am 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, resultantly the point for determination is decided in negative and the charge sheet against the accused persons is dismissed,” said the Judge Naseer Ahmad Dar. The court underlined that the burden to prove a charge against the accused always lies upon the prosecution.
Subsequently, the court acquitted both the accused from the charges level-led against them under sections 302,120-B, 201, 468, 471, 420 RPC.
“They are set at liberty in the open court, if they are not required by the police or any other agency in any other case,” the court said. The accused were represented by noted criminal lawyer Mohammad Abdullah Pandit.

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