MOHAMMAD HUSSAIN Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of two petitions one filed under Section 561-A Cr.P.C. and the other for bail under Section 498 Cr.P.C.

(2.) IN the petition under Section 561-A Cr.P.C., a prayer has been made for quashing of the proceedings pending against the petitioners in the Court of the learned Sessions Judge, Rajoury and also the order dated 15.10.1984 whereunder charges have been framed against them for the offence under Section 302 read with Section 34 of the RPC.

(3.) FROM the perusal of record, it appears that a case was registered against thirty persons including the petitioners with FIR No. 67/1985 of Police Station, Rajouri, for the offence under Sections 302/148/149/341 and under Section 3/7 Indian Arms Act. There was a dispute in respect of immovable property between the complainant party and the accused persons. The thirty persons mentioned in the FIR, allegedly, committed a rioting and one of them named Abdul Qayoom caused injuries on the person of one Abdul Rashid by a Kirpan resulting in his death on the spot. One Fazal Hussain fired with a revolver. Accused Mir Mohammed was armed with a sword. The others were also armed with deadly weapons.