STATE TIMES NEWS
JAMMU: Deciding a criminal appeal against life-imprisonment, a Division Bench (DB) of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar set-aside the conviction and also ordered that appellant, who is under incarceration in Central Jail, Kot Bhalwal, Jammu, is directed to be released forthwith by the Superintendent of the concerned Jail.
Deputy AG Ehsan Mirza appeared for the State while Advocate A.K Shan represented the accused person.
The prosecution case is that on November 15, 2008, the complainant, Girdhari Lal, filed a written compliant in Police Station, Bari Brahmana, to the effect that he had taken a shop on rent near SIDCO office where he does the work of Motor Winding and that, he has kept a servant, namely, Mohd Hamid. On November 14, 2008, the said Girdhari Lal, as usual, gave money to Mohd Hamid on closure of the shop. The room on the top of this shop had been taken on rent by the appellant, Wasim Ahmed where he resided. It is further the case of the prosecution that Wasim Ahmed works as a labourer in a factory. As per the prosecution, Girdhari Lal in his compliant stated that in the morning, that is, on November 15, 2008, the appellant Wasim Ahmed came to him and informed him that he was working at night in the factory and that he had gone to the factory after closing his room. However, when he returned at 7.30 AM, he saw that the door of his room was closed but the lock had been broken. On opening the door, he saw Mohd Hamid lying dead in the room and his body was drenched in blood. On receiving such information, the said complainant, Girdhari Lal, is said to have gone to the spot and noted that Mohd Hamid had been murdered by some unknown person. On receipt of the aforesaid written complaint of Girdhari Lal, FIR No. 140/2008 for the offence under Section 302 RPC was registered at Police Station Bari Brahmana and after completion of the case, Trial Court awarded life-imprisonment to Wasim Ahmed against which present appeal is filed.
The Division Bench after hearing both the sides in length observed that there was so much within the power of the investigation/ prosecution which could have been done, and, which it did not do. “There are many unanswered questions in this case. The investigation has been conducted in a very shoddy manner and the prosecution has been completely remiss in its duty in proving its case”, the court observed.
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