Srinagar: The Supreme Court has issued a reminder for original records on a case regarding acquittal of three persons who were arrested by police on charges of murdering a man in Shopian district of south Kashmir in 2007. The trio were acquitted by J&K High Court last year and state has filed an appeal against the verdict before the Apex Court.
“Issue reminder for original records,” the Supreme Court’s Registry said when the state’s appeal came upon hearing before it. The case has been listed again on January 30.
Granting them benefit of doubt, the high court’s division bench had allowed an appeal filed by trio against a Sessions Court Shopian’s order of October 2013, convicting and sentencing them for murdering one Mohammad Yasin Wani of Heerpora Shopian.
According to prosecution, the accused, Rashid Wani, his son Sajad Ahmad Wani, both residents of Heerpora Shopian and Rafiq Takad of Rajouri, under a conspiracy killed Mohammad Yasin Wani when he had gone to a local mosque for offering Isha (late evening prayers).
The accused, as per police, had smashed Yasin with some sharp edged weapon resulting into his on the spot death following a dispute over the engagement of deceased’s daughter with Rashid’s son, Mukhatar Ahmad Wani.
According to police, Rashid had offered money to Thakur for killing Yasin and on the fateful night of on 1 June 2007 reached the mosque together to kill him.
Rashid, the police said, had caught the Yasin’s by his collar while Thakur repeatedly smashed his head with axe while Sajad attacked him with danda (big stick), resulting into his death.
Rashid and Thakur were arrested immediately while Sajad surrendered later. Trial culminated into their conviction and sentence to rigorous imprisonment for life by the session court and fine of Rs 50,000 each. In default of payment, they were ordered to undergo rigorous imprisonment of further one year.
“Whether the prosecution (police) has been able to prove its case, same depends upon the testimony of three star witnesses—Sheeraz Ahmad Wani, Rayees Ahmad Wani and Abdul Hamid Wani. Before appreciating the deposition of the witnesses, it has to be borne in mind that the depositions of relative witnesses have to be examined with great care and circumspection,” the division bench said.
Sheeraz, the court had observed, is Yasin’s nephew, Hamid brother and Rayees is also his relative.
“Trial court has ignored the contradictory depositions of witnesses coupled with the statement of investigating officer and then the position of demonstration, processions which continued for some time in the village demanding actual identity of the assailants,” the court had said, observing that law has to be applied on the fact position of the particular case.
“When the facts are shaky, deposition are such which are not enough to inspire confidence more particularly when the witnesses are relative witnesses, more care is required to be taken while appreciating their depositions. Otherwise basic occurrence has not been seen by anyone,” the court had said.
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