LAWS(J&K)-2017-9-78

STATE Vs. ABDUL LATIF AND OTHERS

Decided On September 08, 2017
STATE Appellant
V/S
Abdul Latif And Others Respondents

JUDGEMENT

(1.) SLAA No.43/2014: After hearing learned counsel for the appellant, we deem it appropriate to grant leave to the appellant to file the appeal. Accordingly, SLAA is disposed of. CR. Acq. Appeal No.76/2013, MP No.17/2014: Heard. This criminal acquittal appeal has been filed against the judgment dated 22.12.2012 by which the respondents have been acquitted in respect of the offences under Sections 302/307/120-B RPC and 7/27 Arms Act.

(2.) The prosecution story briefly stated is that on 11.01.2006, in the Police Station, Mahore, an information was received that on 10.01.2006 at about 9.30 pm, some unidentified militants in furtherance of common criminal intention and criminal conspiracy, with a motive to wage war against sovereignty and integrity of India and to create terror forcibly entered into the house of Mohd Qasam S/o Mohd Abdullah and opened indiscriminate firing and killed daughter of Mohd Qasam who was aged about 12 years. It was also informed that Rafiqa Bano, daughter of Mohd Ayub was also seriously injured in the aforesaid incident. On the basis of the aforesaid information, the police registered the first information report and commenced the investigation. After completion of the investigation, the police filed the charge sheet against the respondents.

(3.) The prosecution in order to examine the guilt of the respondents examined as many as 28 witnesses out of which five witnesses were declared hostile. Out of the remaining 23 Prosecution witnesses, PW-Dr. Sudesh Raina is a medical expert, PW-R S Jamwal is the Scientific Officer of the Forensic Science Labaratory. PW-Janaid Ahmed is witness to the seizure memo and personal search of the accused, whereas PW-Lal Singh and Mohd Ishak are witnesses to the supardname of ring, PW-Abdul Rashid is a witness to the seizure of weapon of offence. PW-Farooq Ahmed is also witness of seizure, PW-Narinder Singh was SHO at the relevant time, who registered the FIR, PW-Satpaul Sharma was Moharar Malkhana, PW-Abdul Rashid is Naib Tehsildar and witness to the resealing of articles produced by the police and PW-Mangat Ram and Talab Hussain are investigating officers. Therefore, the entire prosecution story is based on testimony of remaining 14 witnesses. Out of the 14 witnesses, PWs Qamar Din, Nasir Ahmed, Rafiqa Bano, Rashid, Naseem Begum are eye witnesses to the incident and their testimony is based on heresy, therefore, is admissible in evidence. The trial Court on the basis of meticulous appreciation of evidence on record has acquitted the respondents.