HC acquits man in 2002 murder case, sets aside life sentence
14/03/2026
JAMMU, Mar 13: The High Court of Jammu and Kashmir and Ladakh has acquitted a man in a 2002 murder case, setting aside his life imprisonment after holding that the prosecution failed to prove the charge beyond reasonable doubt.
A division bench of Justices Sanjeev Kumar and Sanjay Parihar allowed the criminal appeal filed by Fazal Hussain, who had challenged the trial court judgment convicting him under Section 302 of the Ranbir Penal Code.
The appellant was represented by senior advocate Deepika Mahajan along with advocate Atharav Mahajan, while the state was represented by additional advocate general Ravinder Gupta.
According to the prosecution, the accused allegedly assaulted Wazir Mohammad with a "gainti" in Jammu's Roop Nagar area on May 30, 2002, suspecting him of having illicit relations with his wife. The injured later succumbed to his injuries during treatment, following which the accused was charged with murder.
The trial court had convicted the accused primarily on the basis of the testimony of a minor girl, the daughter of the deceased, who was projected as the sole eyewitness to the incident.
However, the high court observed that the testimony of the child witness suffered from material inconsistencies and lacked adequate corroboration. It also noted that key witnesses, including those cited for the recovery of the alleged weapon, had turned hostile and the prosecution failed to establish the alleged motive.
The bench held that the cumulative effect of these shortcomings created reasonable doubt regarding the prosecution's version and reiterated that suspicion, however strong, cannot substitute proof in criminal law.
Accordingly, the court set aside the conviction and life sentence awarded by the trial court and acquitted the appellant, while also declining the reference for confirmation of sentence.
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