STATE Vs. MOHD. RAFIQ

JUDGEMENT

(1.) IN all seven accused were initially booked in this case. Saraj Din S/O Sh. Nizam -ul -Din was initially arrested and others were proceeded under Section 512 Cr.P.C. During the pendency of the trial, respondents -Mohd. Rafiq, Abdul Qayoom and Atta Mohd. (since acquitted) were also apprehended and sent for trial. On an application filed by Saraj Din, contending that he was below 15 years of age on the date of occurrence, his case was segregated and sent for trial under the special Act (Juvenile Justice Act), whereas aforesaid Mohd. Rafiq and other two (respondents herein) were charged under Sections 302/307/396/149/120B/138 RPC, 7/27 Arms Act. Vide impugned judgment of learned Additional Sessions Judge, Doda dated 22 -02 -2006, they have now earned acquittal.

(2.) IN our view the accused who were not tried by the Court should not have been shown in the title of the appeal as proforma respondents.

(3.) THERE is no dearth of the injured persons and the dead in this case as eight persons received injuries and as many as twenty five persons were killed. All were the members of the marriage party. On 19 -6 -1998 at about 12.30 PM they were attacked by the militants at Chapnari when they were boarding a bus. This resulted into registration of FIR No. 126/1998 in Police Station, Kishtwar. As stated above, Saraj Din was the first to be arrested and during the investigation, on his disclosure statement, certain arms and ammunition were recovered from a concealed place. He had disclosed that the marriage party was attacked by him and his other associates. He was also detained under Public Safety Act for two years.