STATE OF J & K Vs. ICHPAL SINGH

JUDGEMENT

(1.) The State of Jammu and Kashmir (now UT of J&K) is in appeal against the judgment of acquittal dtd. 10/4/2015 passed by the Principal Sessions Judge, Jammu [the trial Court"] in file No.3/Sessions titled State v. Ichapal Singh and another, whereby the trial Court has acquitted the respondents of the charge under Sec. 302 RPC.

(2.) Before we advert to the grounds of challenge urged by Ms. Monika Kohli, Sr. AAG appearing for the respondents, we deem it appropriate to take note of the prosecution story.

(3.) Prosecution story in brief goes like this that in pursuance of criminal conspiracy, on the intervening night of 1 st/2/6/1999, the respondents arrested deceased-Mohd. Ayub Dar along with his brother-Shabir Ahmed Dar. Both were kept in police custody. Mohd. Ayub Dar was interrogated and tortured to death. The further allegation is that with a view to hide the crime, respondent- Ichapal Singh fired gunshots on the dead body of deceased-Mohd. Ayub Dar and gave it a colour of an encounter. Respondent- Ichapal Singh even fired a shot at his leg to show that he too was injured in the encounter. FIR No.34/1999 was registered at Police Station, Charar-e-Sharief under Sec. 307 RPC and 4/25 Arms Act. There is further allegation that Waris Shah helped the respondents to cover up the crime committed by them by filing the aforementioned false FIR.