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| Court fixes date for framing charges against SI Shiv Krishan, 8 Ors | | Alleged Fake Encounter case | | Early Times Report
Jammu, Nov 28: Principal Sessions Judge Bahderwah MK Sharma held that prima-facie offences under section 307/120-B/109/201 RPC, 7/25 Arms Act, 4 Explosive Substance Act and 3 PSS Act are disclosed against all the accused namely Shiv Krishan Sharma Sub Inspector (Encounter Specialist), Mohd Ayub his PSO, Abdul Rashid alias Abdullah, lobourer son of Mohammad Iqbal Hargah of Tanta, Akhter Hussain lobourer son of Showkat Ali Magray of Tanta, Mohammad Rafi lobourer, son of Mohammad Ibrahim of Patnazi, Bounjwah, Altaf Hussain, cook hotel, son of Nazir Ahmad of Joura, Gandoh and Mohammad Yaqoob, son of Fateh Mohammad Gujjar of Bathree, Gandoh and Arshad Ahmed son of Abdul Rehman Mir Shopkeeper (all private are alleged militants of HM) who are arrested in case for attacked on P/S Thathri by Grenade and fixed December 3, 2013 for framing charges against them.
According to the police case that Shiv Kumar is a Sub Inspector in J&K police and was in-charge SOG, Kishtwar whereas accused no.2 Mohammad Ayub was PSO with Shiv Krishan. It is alleged that in order to earn out of turn promotion as well as monetary benefits and name and fame in public and in departmental hierarchy the accused no. 1 and 2 along with accused Arshad Ahmed and Mohd. Arif Naik hatched a criminal conspiracy and chalked out a plan to engage two kashmiri boys, namely, Muzaffar Ahmed son of Khazar Mohammad resident of Tahab tehsil district Pulwama as militants with area of operation in Kishtwar and Doda districts with a criminal design to carry out the aforementioned subversive activities in the area.
The accused Abdul Rashid who has now become approver was also forcibly made part of this plan by the accused 1 and 2 who directed the accused Abdul Rashid to involve some more boys of his area in the said plan in order to achieve their nefarious designs.
It is further alleged that the accused 1 and 2 had planned to later on eliminate both Muzaffar and Shahbaz Ahmed and other accomplices by posing them as terrorists. On 14.04.2013, the accused Shiv Kumar called accused/approver Abdul Rashid to Kishtwar and in the morning of 15.04.2013 the accused 1 and 2 gave one bag containing one pistol along with magazine and five live cartridges, one AK 56 rifle along with 03 magazines and 143 cartridges and 03 Chinese grenades to the accused/approved Abdul Rashid and sent him to Kahara.
The accused/approver Abdul Rashid gave one pistol along with magazine, five cartridges to the accused Mohammad Rafi and one AK rifle along with 03 magazines and 143 cartridges to the accused Akhtar Hussain and one Chinese grenade to (Kashmiri boy) and two Chinese grenade to other Kashmiri boy and deputed them for given assignments. On 20.04.2013 the accused/approver Abdul Rashid along with accused Mohammad Rafi reached Bhaderwah on the direction of accused Shiv Kumar to eliminate one Bansi Lal Gupta c/o Gupta Bakery, a prominent BJP leader of the area but the duo failed to succeed in their design. On 27.04.2013, the accused/approver Abdul Rashid got one grenade from the accused Mohammad Yaqoob and gave it to accused Mohammad Altaf. The accused Mohammad Altaf was directed to throw grenade on the cavalcade of Chief Secretary who was coming to Kishtwar on a visit or on the group of people or on PS Thathri.
The accused Mohammad Altaf failed to throw the grenade on the cavalcade of police and on public but succeeded in throwing it on police station, Thathri in the intervening night of 27/28 April 2013, which did not explode. This incident of grenade throwing on police station Thathri resulted in registration of Crime No. 33/2013 in P/S Thathri. During investigation the accused Mohd. Rafi was arrested who during interrogation narrated the whole story to the police.During the course of investigation the aforesaid weapons were recovered from the accused persons. The grenade thrown on police station which was seized was destroyed on the orders of Learned CJM, Doda. The accused had been using SIM in their respective cell phones for maintaining contacts with each other and to carry out the activities as chalked out, destroyed their respective SIMs and thereby destroyed the evidence. The investigation culminated in filing of this charge sheet against the accused.
—JNF |
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