In view of the ‘unconvincing’ and ‘inconsistent’ evidence, Principal District and Sessions Judge (PD&SJ) Srinagar, Rashid Ali Dar ‘acquitted’ murder accused Iqbal Banday in connection with the murder of his wife.The court after perusing the case diary and arguments by Public Prosecutor (PP) representing the state, and Defense Counsel representing accused Ali observed that the prosecution had failed to produce ‘substantial’ evidence in support of the case thus acquitted Banday of all charges.Pertinently, Iqbal Banday and his mother Shamshada was facing trail in the court since 2013 in connection with killing of one Saima Jan.“In the light of evidences, I am thus of the opinion that prosecution has not been able to prove that the accused had committed offenses under section 498-A or 302 or 306 or 342 RPC. Accordingly accused persons are acquitted,” reads the final order passed by Sessions Judge, Rashid Ali Dar.
Court order according to CNS further reads that the accused who is in custody is ordered to be set free and bail bonds of accused number 2 are cancelled and surety discharged.Defense counsel and prominent criminal lawyer, Advocate Zulfiqar Ali during arguments questioned the authenticity of the prosecution witnesses saying deceased was not in position to depose statement in the hospital hence the statement of the witnesses is flawed and far from truth.
Ali vehemently opposed the witnesses account and referred to ‘injury memo’ in which the Investigating Officer (I.O) had sought doctors opinion about the weapons used to inflict injuries on the body of deceased.It is pertinent to mention here that Iqbal Banday of Jewdara Uri presently residing at Aramwari Rajbagh was arrested by police on March 22, 2013 along with his mother after father of the deceased filed a complaint in police station Rajbagh accusing Banday and his mother of murdering his daughter Saima Jan in cold blood.
Father of the deceased Abdul Ahad Banday of Kangan in his complaint had alleged that the accused and his mother subjected her deceased daughter to immense mental and physical torture from day one of the marriage.“My daughter Saima was married to one Mohammad Iqbal Banday however the accused and his mother since day one of the marriage were harassing her on one pretext to another, my deceased daughter on the fateful day called her brother saying she was locked in a room and then mercilessly beaten by her husband and his mother before sprinkling kerosene on her body,” complained father of the deceased.The complainant had further stated that the wrangle started after the deceased’s younger son thrown cell phone into the dustbin and when her husband reached home in the evening was provoked by his mother against his wife.Following the complaint police on the same day arrested accused and his mother vide FIR number 13/2013 under section 302/342/498A, 34 RPC and presented charge-sheet in the court. (CNS)