STATE TIMES NEWS JAMMU: Additional Sessions Judge Baramulla Sanjeev Gupta on Friday acquitted six accused while six others died facing trial in 30 years old murder case. The case was pending for arguments for the last 15 years which was decided by the Court acquitting the accused facing trial. As per prosecution case, complainant Mohammad Sultan Ganaie (prosecution witness) had purchased a big chunk of land for an amount of Rs.3 lakh in the month of February 1989 in the vicinity of the accused persons. It has been alleged that on May 4, 1989 he had sent his two brothers Rehman Ganaie (prosecution witness) and Habib Ganaie (deceased) to the said land for its fencing, as the accused persons used to leave their cattle for grazing, causing damage to the land, and when both of them found cattle belonging to accused persons in their land, they took them out and thereafter enclosed their land with barbed wire. It is further alleged that this had enraged the accused persons who otherwise had not liked the purchase of land by Mohd Sultan and when his brothers at about 9.30 A.M were returning home and reached near a Mosque at Behrampora, the accused persons who had laid an ambush, after forming an unlawful assembly caught hold of them and in furtherance of their common object beat them severally, which resulted in the death of Habib Ganaie who died after being hit with an iron rod by accused Abdullah Lone and in the incident Mohammad Sultan was also injured, who was hit with a stone by accused Nabir Lone besides prosecution witnesses Abdul Rashid Mir and Abdul Majeed, who tried to intervene also suffered injuries at the hands of accused who used stones and Lathis in the attack. Deceased Habib on the same day in an injured condition was referred to SKIMS Srinagar, for treatment where he died on May 8, 1989 succumbing to head injuries sustained in the incident. The court observed occurrence seems to be an outcome of a sudden scuffle between both the factions contrary to prosecution story of ambush and the death of deceased was an unfortunate outcome. The prosecution on the basis of evidence on record failed to prove that accused persons formed an unlawful assembly with a view to accomplish the common object of doing away with the life of deceased and causing injuries to others. “It is apparent that prosecution has miserably failed to prove its case against the accused beyond a reasonable doubt. Accordingly, prosecution case is dismissed and accused Hassan Lone, son of Abdulla Lone, Maqbool Lone, son of Ahad Lone, Farooq Lone, son of Abdullah Lone, Akbar Lone, son of Jabar Lone, Gull Lone, son of Sidiq Lone and Naba Lone, son of Sultan Lone are acquitted of the charge whereas Mohammad Abdullah Lone, son of Ahmad Lone, Nabir Lone, son of Jabar Lone, Ahmad Lone, son of Mahda, Sona Lone, son of Wali Lone, Habibullah Lone, son of Sidiq Lone, Sultan Lone, son of Sidiq Lone died during the trial.
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