STATE Vs. ABDUL HAMID

JUDGEMENT

(1.) The State of Jammu and Kashmir (now Union Territory) is in appeal against the judgment of acquittal dtd. 24/6/2010 passed by the learned Additional Sessions Judge, Doda ["the trial Court"] in file No.21/Sessions titled State v. Adul Hamid and others, whereby the respondents-accused have been acquitted of the charge under Sec. 302, 307, 34 RPC.

(2.) Briefly put, the case set up by the prosecution for trial against the respondents-accused was that on 24/8/2004, the police of Police Station, Gandoh received a wireless message from Incharge Police Post, Kahara that some unknown militants had hurled an RPG on police picket with a view to killing CRPF personnel. The RPG, however, missed the target and blasted in the house of one Mohd. Hanief due to which his two children, namely, Nassra Banu and Baber aged 1 ' years and 9 years respectively were injured and succumbed to the injuries on spot and that the wife of Mohd. Hanief, namely Shahida Begum was seriously injured and taken to Thathri hospital for treatment. It was reported that Mohd. Hanief, too, was injured in the incident and was under treatment at Kahara.

(3.) On the basis of this information, case FIR No.80/2004 for offences under Ss. 302, 307, 34, 109 RPC and 7/27 Arms Act was registered in Police Station, Gandoh and the investigation taken up by Sub-Inspector Manjit Singh Incharge Police Post. He visited the site, prepared the site plan, got the post-mortem on the dead bodies conducted and handed over the same to the heirs against proper receipt for performance of last rites. The Investigating Officer also recorded statements of the witnesses under Sec. 161 Cr.P.C. and injury form of the injured were filled up. Later, investigation was handed over to one Irfan Wani, Sub-Inspector, who, too, visited the spot and after enquiry recorded the statements of the witnesses under Sec. 161 Cr.P.C. On the basis of the evidence collected during investigation, case was found proved against the respondents-accused and, accordingly, Final Report was laid before the Trial Court. The Trial Court, after considering the material on record and hearing the prosecution and the accused-respondents, charged all the accused for offences under Sec. 302, 307, 34 and 109 RPC. All the respondents-accused pleaded not guilty to the charge and claimed to be tried.