STATE OF J&K Vs. MOHD YOUSUF DAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Sessions Judge, Srinagar dated September 22, 1993 arising out of FIR No. 336/88 whereby accused has been acquitted for offence under section 302/506 RPC.

(2.) BRIEFLY , prosecution case is that accused, a constable of Jammu & Kashmir Police, was deputed alongwith other policemen for guard duty at Vicharnag Mandir. Like others, he was provided with one Rifle 303 with ten cartridges. During night intervening 8/9 December, 1988 he asked the Pujari to render ËœQalmaâ„¢. When Pujari was reluctant to do so, he was. beaten, pushed, floored, dragged and hit with Riffle butt with the result he died. While he was being beaten, he raised alarm calling Bantu. Beant Ram and his wife Pushpa, who were residing in the first floor of the house, woke up, switched on the Torch, opened the window and saw the accused holding the deceased, beating him and pushing him down. On being asked why he was beating the deceased, accused asked them also to recite and render "Qalma  and threatened the couple. Beant Ram asked his wife to bolt the door from inside and himself left the place stealthy to inform Maharaj krishan and then Ashok kumar in the neighborhood.

(3.) ALL of them went to Police Station, Soura in the morning of 9T12 -1988 and informed the Station House Officer of the occurrence. Saroop Singh, Station House Officer (PW 20), accompanied by some Policemen ranched the spot after recording the incident in Roznamcha against entry No. 30 dated 8 -12 -1988, embarked on inquest proceedings under Section 302/ 506 RPC against the accused. Further investigation of the case was taken over by P.N. Ganjoo, Superintendent of Police.