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Shoddy police investigation impels acquittal of HUJI commander
11/20/2014 10:37:58 PM
Asif Iqbal Naik

Early Times Report

Kishtwar, Nov 20: Being impelled by shoddy investigation and for want of higher proof, Principal District and Session Judge Kishtwar Bala Jyoti today acquitted three accused persons namely Abdul Gani, Dulla Gujjat alias Sher Khan and Raju alias Bilal who were allegedly actively involved in the militancy related activities and on 8-9th July 2006 allegedly entered deceased Ghulum Din's house to take revenge that he had helped police/ army personal to arrest Militant's colleague Mohammad Amin to surrender with a costly prohibited gun. Sessions Judge observed that police investigating agency neither got the seized bullet tested in FSL nor seized prohibited arms from accused persons and not even presented any explanation for not doing this important part of investigation.
Court also noticed that the prosecution rather relied on quantity and not quality evidence. The court remarked that "it is settled that graver the charge higher should be proof". The statements of star witness Saleema also does not appear to be natural.
As per the details available with "Early Times", this charge sheet has been presented by Special Prosecuting Officer against the accused persons for commission of offence U/S 302 RPC, read with Sec.34 RPC before Chief Judicial Magistrate Kishtwar, who committed the same to this Court of Session for trial. The accused person namely Abdul Gani was present in custody and remaining accused persons were absconding, hence proceedings U/S 512 Cr.PC were initiated against them.
It is pertinent to mention herein that accused Dullah code Sher Khan and accused person Raju code Billal subsequently joined after proceedings initiated against them U/S 512 Cr.PC were set aside, but accused Mohammad Younis is still absconding.
The above named accused persons were charge sheeted separately on different occasions by this Court for commission of the aforesaid offences.
Accused Abdul Gani was charge sheeted on 29-6-2007 and remaining accused persons except Mohammad Younis were charge sheeted on 03-11-2010.
Prosecution has lead evidencetwice and has cited twelve witnesses, but examined only 10 witnesses while Investigating Officer Mohammad Rafiq informed the court that the 11th witness was reported to be dead.
As per the prosecution's case, on the basis of an information received from reliable sources at "Balana Sigdi" that in the intervening night of 8/9 July 2006, some armed militants attacked Ghulam Din S/o Najam Din Gujjar R/o Balana Sigdi (deceased) who was sleeping in his 'Kotha' with criminal intention to murder him with their weapons, shot gun fire at him and killed him on spot. On the basis of this information, an FIR bearing No. 23/2006 came to be lodged at Police Station 'Chatroo' for commission of offences U/Ss 302 RPC read with Sec.34 RPC and 7/27 Arms Act.
The dead body was seized, requisite formalities were completed and investigation was entrusted to I.O Mohammad Rafiq, who carried out the investigation, recorded statements of witnesses U/S 161 Cr.PC and obtained FSL report for chemical examination after resealing the blood stained clothes. The further case of the prosecution stated that during investigation the accused/militants were found to be involved in the case, and finally one militant namely Abdul Gani code Zalim Khan S/o Ahmedu Gujjar was arrested in the case after great efforts. During investigation it was found that alongwith said Zalim Khan other accused persons namely Dullah code Sher Khan S/o NabiBakashGujjar R/o Bhata and Raju code Billal S/o GhulamMohd, Mohd. Younis S/o Amir Butt R/o Pehalgam were found to have committed aforesaid offences, those after commission of offences are absconding and during investigation and on the strength of statements of witnesses recorded u/s 161 Cr.PC. During course of investigation conducted by I.O it has been noticed that actually against militant Dullah code Sher Khan, offences U/S 302/34 RPC and 7/27 I.A.Act stands proved. Perusal of the file reveals that the statement of I.O has not been recorded due to his death which is quite evident from the docket placed on record by the PP and the evidence was closed finally on 10-12-2013. Accused persons were examined U/S 342 Cr.PC on different occasions, wherein incriminating material was put to the accused persons, wherein they have denied the same and led defence evidence.
After hearing the arguments from both sides, the Principal District and Session Judge Kishtwar Bala Jyoti order the acquittal of HUJI commander and two others in this murder case.
It is pertinent to mention that 12 FIRs in various police stations of Kishtwar stands registered against HUJI commander Sher Khan under various sections of law including the murder of Lt. Col Ajay Verma of 118 RCC GREF Kishtwar and four others at Watsar Chatroo in the year 2008.
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