LAWS(J&K)-2017-6-16

GH FARID AND ORS Vs. STATE

Decided On June 08, 2017
Gh Farid And Ors Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Through the medium of instant appeal, appellants are seeking setting aside of judgment and order dated 09.09.2013 passed by learned Principal Sessions Judge, Jammu, by virtue of which accused appellants have been found guilty of following offences:

(2.) As per prosecution story, allegations against the accused-appellants are that on 21.12.2008 on the basis of docket received on behalf of Ms. Mamta Sharma, Dy. S.P. Operation whereby she had received information from reliable sources that some Pakistani Militants had entered in the State of Jammu and Kashmir after arming themselves with modern arms and ammunition and are staying in some Hotels at Jammu in order to commit a big incident. She alongwith other Jawans of Special Operation Group started searching the Hotels and during search of Samrat Hotel, near Bus Stand, accused-appellants were found in Room No. 23 of the said Hotel and on inquiry, they disclosed their names as Ghulam Farid, Mohd. Imran and Mohd. Abdullah and from their search, one AK-Rifle with two loaded magazines in which there were 56 live cartridges and two hand grenades were also recovered from the accused, namely, Ghulam Farid, whereas one pistol with loaded magazine having six live cartridges and one hand grenade wore recovered from accused, namely, Mohd. Imran, and one Pistol along with one magazine, having six live cartridges and one hand grenade were recovered from accused, namely, Mohd. Abdullah. All the accused belonged to Jesh-e-Mohd. Militants Organization and had entered into the State to spread militant activities and cause damage to the vital installations of Army and Police. Thereafter FIR No. 87/2008 for commission of offences falling under Sections 4/5ESA/14F.Act/3EAO/3/7/25 Arms Act was registered against them. SHO concerned went on spot and seized the already seized arms and ammunition and prepared the site plan also. The report of bomb disposal squad was obtained regarding the hand grenades and after defusing them, they were sealed and sent to FSL for examination, whereas the sealed weapons were got examined by the Armory Work Shop, Police Line, Jammu. During investigation, it was found that accused were residents of Pakistan where they got extensive training in handling the modern weapons and thereafter entered into India through Bangladesh and when they reached Calcutta, they met one person, namely, Deepak, who handed over the arms, ammunition and grenades to them and they reached Jammu by train and stayed in Samrat Hotel, from where they were arrested by SOG. They had come to India with the sole purpose of starting Jihad against the Country in order to endanger its sovereignty and disintegrate it and to commit genocide of innocent people. After investigation, final report was submitted and vide order dated 10.11.2010, accused-appellants were charged for commission of offences falling under Section 120-13 RPC/4/5 ESA 3/7/25 Arms Act/14 Foreigner's Act and 3 EAO to which they pleaded not guilty and claimed to be tried,

(3.) In sustenance of charges levelled against the accused-appellants, fifteen prosecution witnesses crossed the witness box and their statements were recorded and thereafter statements of accused-appellants recorded in terms of Section 342 Cr.P.C. and they denied allegations leveled against them. However, they have not led any evidence in defence.