Lal Bazar woman’s murder in 2017: Court acquits murder accused, 2 others

Srinagar, Jul 18: A court here acquitted three persons- one accused of murdering a woman at Bota Kadal Lal Bazar here in 2017 and the other two for allegedly purchasing stolen gold ornaments from him.

The court of 1st Additional Sessions Judge Srinagar Anjum Ara acquitted Shiraz Ahmad Ellahi of Machwoo Chadoora who had been charged under RPC for murder, theft in a dwelling house, lurking house-trespass and causing disappearance of evidence besides two others, Ashiq Hussain Ganai of Chadoora and Muhammad Amin Zargar of Draigam Budgam for dishonestly retaining stolen property.

The Court also called for a departmental action against the investigating officer (IO) for “faulty investigation” in the case related to the murder of the woman whose body was recovered three days after her death due to alleged strangulation while her two and half month milk sucking baby was found alive inside their home at Pukhribal area of Bota Kadal Lal Bazar Srinagar.

The court found the prosecution case wanting on as many as 20 counts that included the IO’s failure to obtain opinion as to how a two and half month old child could survive for three days without milk and without human presence that too in the harsh winter season.

The court observed the prosecution evidence as “week, fragile, inconsistent and contradictory”, saying the same did not inspire confidence in the mind of the court. Even as it said that the evidence rather created serious doubts in the prosecution case.

Among other factors and reasons that made the prosecution case doubtful, as observed by the court, included the incomplete chain of evidence, which left sufficient and reasonable doubts as to whether the alleged acts had been done by the accused persons.

“The only material that connects A-1 (Shiraz) to the alleged crime is the CDR (call record details) as the presence of the accused (A-1) (Shiraz) at the place of occurrence at the relevant point of time is not proved,” the court said “The CDR’s appended with the charge sheet have not been proved in light of Section 65-B of Indian Evidence Act, as such is inadmissible under law.”

While the court observed that the neighbors being the most material witnesses were cited as witnesses in the case, it said the IO focused on one accused only and faded the other aspects of investigation.

The Court held that the IO failed to collect scientific evidence including location of all suspects at the relevant time and the stolen ornaments were not properly identified. The court noted that the IO had not probed the case in a proper manner and within the parameters which were required to have been adopted. “He (IO) seems to have deliberately and intentionally paved a way for safe passage to the accused persons by way of his faulty investigation,” the court said

The Court ordered that the copy of its decision be forwarded to the Inspector General of Police, Kashmir for the initiation of a departmental inquiry against the IO.