NAZIR AHMAD WANI Vs. STATE

JUDGEMENT

(1.) One Ayaz Ahmed Wani, (here-in-after referred to as the deceased) was taken to police custody by the Incharge Police Station Banihal namely Sonoullah Naik, on 3rd of Nov'95, on the pretext that he is to be recruited as Constable in the Police department. When the deceased did not return to his home, his father Abdul Rashid Wani, approached the police officials concerned including the then Addl. SP, Ramban Sh. Shafqat Ali Watali, for release of his son who was lodged in the lock up. The deceased thereafter was shifted to police station, Ramban, where his condition became critical on account of the injuries alleged to have been inflicted upon him in police station, Ramban. He was then taken to Emergency Hospital, Ramban, from where he was shifted to Government Medical College, Jammu, where he is stated to have succumbed to injuries on 10th of Nov'95.

(2.) It was alleged by the complainant-father of the deceased that as a result of physical torture of his son in police station Ramban by Shafqat Ali Watali, then, Addl. SP Ramban,Sonauulah Naik, SHO, Police Station, Banihal, Adbdul Qayoom Mirza, SI, Police Station, Ramban, Nazir Ahmed Ward, Mohd Rafiq Naik and Mohd Ashraft @ Gazi, both surrendered militants, the deceased died. An enquiry was conducted by the SP Ramban and on the basis the said enquiry, FIR No. 65/98 came to be registered at Police Station, Ramban, under Section 302/34 RPC.

(3.) The facts of the case as are revealed from the report under Section 173 Cr.P.C, as also on the basis of the evidence are as under: