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| Prosecution failure leads to acquittal of alleged terrorist in attack causing death of two ITBP Jawans | | | Early Times Report
Jammu, Aug 14: Principal Sessions Judge Bhaderwah MK Sharma has acquitted Abdul Gani Code Hamja son of Ali Mohammad resident of Chanyas tehsil Gandoh district Doda alleged terrorist who was allegedly involved in attack during which two ITBP Jawans were killed, as prosecution failed. According to the police case, On 03.09.2003 at about 9.00 am, a road opening party (ROP) of ITBP 16th Bn was attacked by the terrorists at Malat tehsil Gandoh with automatic weapons resulting in death of constables Mohammad Muneer and Rajni Kant and injuries to HC Bhaggi Singh and Constables Rajinderen P and Babu Lal. On the strength of written report lodged by PW-3 Parvinder Singh Bhatti Adjutant 16th Bn. ITBP, Crime No. 102/03 for the commission of offences punishable under sections 302/307/120-B RPC, 7/27 Arms Act was registered in PS Gandoh and the investigation was entrusted to PW-13 Chanchal Singh. The I.O went on spot and after spot inspection prepared the site plan. The dead bodies of the deceased were seized and subjected to postmortem and report of postmortem was obtained. The injured were got medically examined. The statements of witnesses were recorded. The investigation concluded finding the aforesaid accused guilty for the commission of offences under sections 302/307/120-B RPC, 7/27 Arms Act and accordingly this charge sheet was laid before the Court. Principal Sessions Judge Bhaderwah MK Sharma observed that after taking the evidence for the prosecution, hearing the prosecution and the defence on the point, Court consider that there is no evidence on the record to establish that the accused committed the offences of which he is charged. —JNF |
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