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| Court acquits accused facing trial in Kishtwar riots case | | | Early Times Report
JAMMU, June 16: In the much publicized Kishtwar riot in 2013, Principal Sessions Judge Kishtwar Y P Kotwal acquitted Shabir Ahmed, in absence of any legal evidence on record for connecting the accused with the offence with which he has been charged.
On 9-8-2013 a procession comprising of Muslim community were proceeding from Hullar towards Chowgan Eidgah for offering Eid prayer, on the way, a constable namely Ravinder Singh came from Dak Bungalow side riding on his bike, who was proceeding towards Kuleed, few persons out of the procession started beating Ravinder Singh. The CRPF officials, who were present on the spot saved Ravinder Singh from the clutches of those miscreants. Upon this some persons out of that procession started pelting stones. The constable Ravinder Singh went to Kuleed and returned back along with 8/10 persons from Kuleed and started pelting stones at the said procession upon which, the members from the Muslim group also pelted stones and started burning shops, houses, vehicles and many persons got injured.
The Special Investigation Team (SIT) constituted for investigation of the case concluded some unscrupulous persons started raising objectionable slogans and also started pelting stones at the house and shops, they also damaged the vehicles. The accused namely Adil Aslam and others opened fire at the procession, as a result, Rinku Kumar, Sunil Kumar, Sandeep Kumar and Anju Singh sustained grievous injuries, the accused Adil Hussain with his intention to commit murder fired at Arvind Raj who died on spot. Accordingly, charge sheet for commission of offences under Sections 302/307/148/149/201 RPC came to be presented against five accused persons.
The accused Adil Aslam and Arif Hussain (since acquitted) were arrested, whereas accused Yasir Hussain, Ghulam Hussain and Shabir Ahmed, the accused herein, were absconding, as such, proceedings under Section 512 Cr.P.C were initiated against them. Principal Sessions Judge Kishtwar observed that on cross-examination by defense counsel, the witness (then SHO Kishtwar) has stated that the challan which he had presented initially in the court was against 15 accused persons belonging to both communities, in that challan, list of witnesses was against all the accused persons.
Before filing the challan in the court, he had not recorded his satisfaction regarding investigation of the case, as the same was completed in odd circumstances and in the same circumstances he had presented the challan in the Court. He can't say as to whether the accused persons belonging to both the communities were involved in the same occurrence or not. He can't say as to whether the SIT had conducted any identification parade during investigation of the case or not.
The court observed that in absence of any legal evidence on record for connecting the accused with the offence with which he has been charged, he (accused) is required to be acquitted without asking him to enter upon his defence. With these observations, Court dismissed the challan and acquitted the accused Shabir from the charge under Sections 302/307/148/149/201 RPC. He is also discharge from the surety and personal bonds. The other two accused namely Yasir Hussain and Ghulam Hussain are still absconding, therefore, the file be consigned to records till they are apprehended by Police or surrender before the court. |
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