Srinagar, May 26: A Srinagar court has acquitted two accused, Mohammad Yousuf Dagga and Waseem Raja Zargar, in a 2006 firing case registered at Police Station Khanyar, citing lack of reliable evidence and serious lapses in the investigation.
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The case relates to the shooting of businessman Shameem Ahmad Magray near Ikhwan Chowk in Srinagar, where he sustained bullet injuries to his hand after two unidentified gunmen allegedly opened fire on him.
In its judgment, the Court of the 3rd Additional Sessions Judge, Srinagar, observed that the prosecution failed to establish the identity of the attackers beyond reasonable doubt. The court noted that no formal Test Identification Parade (TIP) was conducted, despite the injured witness claiming he had identified the accused at Police Station Kothibagh.
The court further observed that eyewitnesses failed to identify the accused during the trial, while the alleged disclosure statements of the accused were neither properly recorded nor produced before the court. It also noted that no weapon of offence was recovered during the investigation.
Holding that the prosecution failed to prove charges under Sections 307, 326, 120-B RPC and 7/27 Arms Act, the court granted the benefit of doubt to the accused and acquitted them of all charges.
Proceedings against another accused, Mohammad Rafee Sheikh alias Raju, continue separately as he has been declared absconding.
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The accused were represented by Advocate Owais Pandit and Advocate Mir Urfee.
