STATE OF J&K Vs. MEHMOOD AHMED AND ORS.

JUDGEMENT

(1.) On 30.03.2002 in a Fidayeen attack at Raghunath Temple, two Fidayeens met their fate i.e. they died. The case regarding the occurrence was registered as FIR No. 134/2002, P/s Bahu Fort which on completion of investigation resulted in filing of the Challan (Charge-sheet) against the respondents (accused) for commission of offences punishable under Section 3 of Enemy Agents Ordnance Act, 2/3 of Prevention and Suppression of Sabotage Act, Sections 302/307 and 120-B RPC. The case was committed to the Court of Learned Sessions Judge Jammu. The respondents (accused) opposed the framing of charge on the ground that prima facie no evidence at all is available; therefore there is no question of putting the respondents to trial.

(2.) Learned trial court after appreciating the arguments and scanning the material collected by the investigating agency for the limited purpose of ascertaining as to whether prima facie respondents (accused) are involved so as to be put on trial.

(3.) Learned trial court upon consideration of the record of the case and documents submitted therewith and after hearing learned public prosecutor as well as the counsel for the accused has found that no sufficient grounds exist for proceeding against the accused as such has discharged the accused (respondents).