STATE Vs. AMMA DAGGA

JUDGEMENT

(1.) Respondents accused faced trial under Section 148, 323, 302, and 149, R.P.C. in Sessions case 11/78 titled State v. Amma Dagga and others. The Sessions Judge Anantnag on conclusion of the trial dismissed the prosecution case after giving benefit of doubt to the accused. The accused were acquitted of the above charged offences. This judgment and order of acquittal came to be recorded by the trial Court of Sessions Judge Anantnag on March 23, 1985. State of Jammu and Kashmir through its Chief Prosecution Officer/Government Advocate has come up in appeal against the acquittal judgment.

(2.) On 19-11-1977, accused led by Salam Wani and Amma Dagga are alleged to have pelted stones on the house of one Mohammad Ashan Bhat, PW, where deceased Mohammed Amin was also present. This happened in village Madargam Tehsil Kulgam. Accused formed an unlawful assembly with the object of causing death to complaint party and damage to their property. During pelting of stones as above, Mohammad Amin came out of the house in the compound. He was hit at nose by the stone pelted at him by Salam Wani, followed by another stone hurled at him by Amma Dagga which struck his head. Mohammad Amin fell down. The glass panes of house were also smashed. The police station Kulgam was informed and report lodged. Mohammad Amin was taken to P.H.C. at Kulgam and thereafter referred to District Hospital Anantnag and later while being carried to Srinagar Hospital, died in transit at Batwara Srinagar. His dead body was brought to police Station Kulgam. Postmortem was conducted. The stones Exp. 1 and Exp. 2 were seized (Memo Expd).

(3.) The statements of witnesses under Section 161, Cr.P.C. were recorded. On completion of other investigative steps, final reports under Section 173, Cr.P.C. was filed in Court and the accused on committal faced trial in the Court of Sessions Judge, Anantnag.