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Court discharges Mahant Rameshwar Dass, others
Amarnath Yatra row
10/16/2014 11:08:46 PM
Jammu, Oct 16: In the 2008 Amarnath Yatra Agitation 2008, Principal Sessions Judge, Jammu, R S Jain today discharged Mahant Rameshwar Dass, Som Nath and Vidya Anand Giri at the stage of framing charges against them. The police case against Mahant Rameshwar Dass, Som Nath and Vidya Anand Giri is that on 20.9.2008, Inspector Gurmeet Singh, SHO of police station, Nowabad, along with ASI Kuldeep Khajuria and other police personnel were on law and order duty at main gate of Abinav theatre, canal road, Jammu, when at 9 am, the workers of Sangarsh Simiti, Jammu and other parties and local population came to participate in the function at Abinav theater. However, due to short circuit, the administration had cancelled the programme and told the committee to hold the programme somewhere else. At 12 noon, 500/600 persons of Sangarsh Samiti gathered and during this period the accused along with other persons came on spot and instigated the people to break the gate and enter the premises and allegedly threatened the police with death. That with the intention to murder them, the accused drove his Scorpio vehicle over the police personnel as a result of which some police personnel got injured. On conclusion of the investigation, the IO finding the accused guilty of offence under section 307/34 of RPC filed the present challan against aforementioned accused on 12.12.2013 after a gap of five years. During the pendency of the investigation, accused Vidya Anand Giri expired.
After hearing both the sides, the judge, after referring to various judgments of the Apex Court as well as High Court, observed that the question arises whether the facts coming out in the allegations projected against the accused prima facie show that accused Rameshwar with intention to murder ran over the police personnel with the scorpio vehicle being driven by him. If the accused had really run the vehicle over the police personnel, they would not have suffered simple injuries as coming out in the certificates issued by the doctor. In these circumstances, the arguments of the counsel for accused that the police personnel received the injuries when they were hit by stones pelted by the mob. Looking to the facts and circumstances of the case, the court is of the view that no prima facie case is made out against the accused persons. Hence they are discharged. (JNF)
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