MST. SARA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Facts are not in dispute. Abdul Rashid Reshi, S/o Gh. Mohd. Reshi, R/o. Samboora, Pulwama, husband of petitioner No. 1 and father of petitioner Nos. 2 and 3, was on 5-8-2010, hit by a bullet, when Railway Protection Force under the orders of Sh. M. Govind Raju, Assistant Commandant 9th Bn. opened fire to disperse a mob at Samboora, District Pulwama.

(2.) Victim, a Coppersmith by profession, was at the time of unfortunate occurrence, pulling down shutter of his shop. He was immediately shifted to SKIMS, Soura, Srinagar in an injured condition, where he remained as indoor patient for a few months. The firearm injury damaged his brain and injury lead to complications like nervous breakdown, nephrological disorder and bed sores. He became crippled and reduced to vegetative state. The injured after prolonged hospitalization succumbed to his injuries on 11-6-2011, only after his medical treatment consumed all his assets, leaving his widow and young children high and dry. Petitioner was 36 years of age at the time of his death earned his livelihood by working as a coppersmith and had an income of Rs. 20,000/- per month. The untimely death of only bread winner of the family has left the petitioners without any source of livelihood.

(3.) Respondents do not dispute firing incident. It is also not disputed that fire was opened by a contingent of Railway Protection Force headed by Shri M. Govind Raju and one of the bullet fired, hit the deceased in his head. Respondent Nos. 9 and 10 however, seek to explain the incident by stating that the Railway Protection Force while travelling in Tata Sumo No. PB05M-1140 towards Railway Station, Kakapora, was at 18.15 hrs. attacked by an unruly mob near Forest Check post Samboora; that the mob pelted stones on the vehicle and even tried to set it on fire; that the Head Constable Girver Singh, Ct. Surjit Singh, Ct. Rajinder Prasad and Ct. Radhey Shyam and Driver Surjit Singh sustained injuries in the occurrence and the vehicle was also damaged; that Sh. M. Govind Raj, Assistant Commandant 9th Bn. Railway Protection Force ordered the Railway Protection Force personnel to open fire with a view to disperse the unruly mob. It is admitted that the occurrence lead to registration of FIR. No. 146/2010 under Sections 307/332/148/ 149341/336/427, IPC dated 5-8-2010 at Police Station, Pampore, as the Police Station at Kakapora was set ablaze in 2010.