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| Trial Court awarded life imprisonment in killing of 27 persons at Prankot | | DB allowed appeal and set-aside the conviction | | JAMMU|AUG-18 :-In a much publicized killing of more than 26 persons at Prankot Tehsil Reasi during the intervening night of 17/18 April 1998 by militants, the Trial Court on July 29, 2003 convicted Manzoor Ahmed sentenced to undergo life-imprisonment u/s 302/436/34/120-B RPC and r/w section 4/25 Arms Act. Aggrieved by the judgment of the Trial Court convict filed an appeal in the state High Court.
Division Bench comprising Justice Virender Singh and Justice Mansoor Ahmed Mir of Jammu & Kashmir High Court Jammu wing after hearing Adv Hafiz-ur-Rehman appearing for the appellant and Additional Advocate General SC Gupta appearing for the state set-aside the conviction as the statement of Vidya Devi claim to be eye-witness cannot be acted upon and could not believed in the given circumstances of the case.
According to the prosecution case that militants armed with guns, explosives and daggers came into the village Prankot Tehsil Reasi during the intervening night of 17/18 April 1998 and entered into the house of Vidya Devi and others killed 3 families consisting of 13 persons (but as per the statements of witnesses 27/28 persons got killed). The matter was reported to Incharge Police Post Thub by Karam Singh and Lakshmi Chand, a message came to be flashed to SHO Reasi and FIR came to be registered and started investigation. The allegations as put forth by the prosecution against the accused where that they after hatching a criminal conspiracy caused the death of so many persons and also set on fire the houses/cots of the inhabitants, challan was presented the Court of law. The trial Court acquitted Muneer Hussain, Raj Mohammad, Farooq and Yasin and accused Manzoor Ahmed convicted.
The judgment written by Justice Mansoor Ahmed Mir for the Division Bench observed that prosecution examined all witnesses cited in the witness’s calendar except Nek Ram who has passed away during the trial. According to Bihari Lal that during the parliamentary elections on March 18, 1998 he had been to Prankot, militants came in the house of Mani Ram and told that there should no polling booth in the house of Mani Ram. Manzoor Ahmed was one amongst those militants but he could not identify other militants. Therefore, the occurrence took place in which 27/28 persons got killed. Vidya Devi told him about the occurrence. He identified Manzoor Ahmed as he was working in the house of Mani Ram as servant. In cross-examination he has deposed that Mani Ram had never made any complaint against Manzoor Ahmed. This witness is not the witness of occurrence, came on spot next day. He has no where stated that Vidya Devi had told about the presence of Manzoor Ahmed at the time of occurrence and part played by him. According to the other witnesses 26 persons have been killed by the militants. Vidya Devi specifically stated in her statement that Manzoor Ahmed slit the throat of her daughter.
DB referred a judgment of the Supreme Court and further observed that there is no proof on the file that Vidya Devi sustained any injury. Had been so, the injury memo would have been prepared and got examined by the doctor. It was dark after putting of the lamp than how she had seen the occurrence and part played by Manzoor Ahmed thus, the statement of Vidya Devi cannot be acted upon and could not be believed in the circumstances of the case. It is worthwhile to mention here that Additional Advocate General during argument frankly conceded that statement of Vidya Devi cannot be believed. With these observations DB allowed appeal and impugned judgment of conviction and order of sentence set-aside and the accused/appellant is acquitted and ordered he be released forthwith provided not required in any other case.
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