Early Times report
Jammu, January 31: In a much-publicized Udhampur Petrol Bomb case, the Court acquitted 11 accused as the prosecution failed to prove its case. The prosecution story is that on the basis of a source information received in police station, Udhampur on 09/10/2015 at about 23:45 hrs that near Dolphin Hotel NHW/PHE store, accused persons, namely, Sunit Singh son of Pardeep Kumar, Sandoor Singh son of Thakur Dass, Harish Singh son of Chuni Lal, Varinder Singh son of Bahadur Singh, Rahul Sharma son of Parshotam Kumar, Amit son of Hemraj and others in the shape of a mob with criminal intention stoned on the vehicles coming from Srinagar to Jammu and vice versa.
They also attacked the drivers and other persons sitting therein and they also threw one petrol bomb in the cabin of one truck bearing registration no. JK03D-1142, which was proceeding from Jammu towards Srinagar, being driven by its driver, namely, Faiz Ahmed Bhat son of Ghulam Ahmed Bhat resident of Tabango Anantnag-Kashmir in which 2nd driver, namely, Showkat Ahmed son of Ghulam Ahmed Dar resident of Anantng and cleaner, namely, Zahid son of Ghulam Rasool were traveling and set the truck on fire.
Due to which all the persons sitting in the cabin sustained grievous injuries. On the basis of this report FIR No. 368/2015 for the commission of offenses punishable under sections 307/435/427/336/337/147/148/149/120-B RPC and 3 (5) Explosive Substance Act was registered. During the investigation, injured Zahid Ahmed died in Safdarjung Hospital New Delhi due to the burn injuries sustained by him, as such, offence under section 302 RPC was added.
Second Additional Sessions Judge Jammu Virender Singh Bhou after hearing Sr. Adv PN Raina, Advocates Prince Khanna, Anil Sharma, Manohar Chand Anthal, Sumit Khajuria for the accused persons observed that prosecution has failed to fulfill the standard of proof on the basis of evidence to bring home guilt against the accused persons and all the relevant facts leading to the the occurrence has not been proved beyond a reasonable shadow of a doubt.
The prosecution has failed to prove that the accused persons had actually thrown petrol bomb on the vehicle bearing registration no JK03D-1142 and neither the prosecution was able to prove the post mortem report of the deceased and injuries sustained by other injured victim during the trial as the doctor who conducted the post mortem of the deceased and was also not examined by the prosecution during the trial. So, the benefit of the doubt goes to the accused persons. Challan, as such, fails and is dismissed against the accused persons namely Varinder Singh, Harish Singh, Sandor Singh, Rahul Sharma , Romeshwar Singh , Rohit Sharma , Balram Singh , Ameet Singh , Vikas Sharma , Danish and Jasbir Singh, who faced trial herein and are acquitted of the charges leveled against them. JNF |
