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DB upholds acquittal of alleged Militant 10/3/2014 10:14:28 PM Jammu, Oct 3: A Division Bench of State High Court Comprising Justice Virender Singh and Justice Bansi Lal Bhat has dismissed the criminal acquittal appeal filed by the state and upheld the acquittal of alleged militant namely Shamas Din. According to the police case, on 30.07.2004, a Police party patrolling in Charata area in Doda district got a source information at 9 PMthat some unidentified militants armed with prohibited weapons have opened indiscriminate firing upon the inmates of house of complainant Mohd. Amin at village Lohar Thawa with the result that Jan Mohammad alias Gudu son of complainant died on spot, whereas Tariq Hussain, Salim Khan and Halima Begum sustained serious injuries due to gun shots. Investigation culminated in filing of a closure report (Ikhtetami) before learned JMIC, Thathri who, after hearing the complainant, directed reinvestigation. The investigation culminated in filing of chargesheet against respondents (hereinafter to be referred to as accused) Shamas Din, Altaf Hussain, Mohd.Amin and Akhtar Hussain for offence under Section 302/307/34 RPC and 7/27 Arms Act and for offences under Section 302/307/109/34 RPC against accused Abdul Majid. Accused Akhter Hussain has been dealt with under Section 512 Cr.PC after he was found absconding after commission of alleged crime. This approved for reporting judgment written by Justice Bansi Lal Bhat for the Division Bench observed that " We are mindful of the loss of precious lives in the dastardly manner in which the killings have been executed by resorting to indiscriminate firing. May be the suspicion about complicity of accused is not unfounded but suspicion, howsoever strong, cannot be a substitute for legal proof. We, consequently, find no substantial and compelling reasons to depart from the reasoning adopted by Sessions Judge in recording the judgment of acquittal." With these observations Division Bench observed that there being no merit in the case, SLAA is declined. Criminal Revision filed by the complainant for disturbing the impugned judgment of acquittal is also dismissed.   Share This News with Your Friends on Social Network     Comment on this Story

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