STATE Vs. MUZZAFAR HUSSAIN AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved of the judgment dated 19.03.2010 passed by the learned Principal Sessions Judge, Kathua, thereby acquitting all the respondents (hereinafter to be referred as accused) of the charges punishable under Sections 302/ 307/ 341/ 396/ 397/ 398/120/120-B/171 RPC read with Sections 3/25 & 7/27 Arms Act, State has preferred the instant Criminal Acquittal Appeal, seeking setting aside of the acquittal judgment and has prayed that the accused/respondents be punished according to law.

(2.) Prosecution case briefly is that on 01.03.2001 a matador bearing registration No.JK08-6191 was taking cash from District Treasury, Kathua to Bani-Basohli. When the said matador reached Pareta Morha Khurkhu Morh, Tehsil Basohli, four/five persons waylaid the said matador and with an intention to commit dacoity of the government cash, they started firing indiscriminately at the police party escorting the cash and matador as a result of which two employees died on the spot, whereas the others were injured. On information received in the Police Station, Basohli, through reliable sources FIR No.14/2001 for the commission of offences under Sections 302/307/341/397/511/121/121-A/120-B RPC read with Sections 3/25 & 7/27 Arms Act was registered and the investigation was entrusted to Dy. SP Showkat Hussain. He went on the spot and seized the matador. The dead bodies were brought to the hospital at Basohli where the post mortem was conducted. The accused were arrested and interrogated and on disclosure statement of the accused Zahoor Hussain, one pistol along with 10 live cartridges was recovered. On the disclosure statement of accused Muzzafar Hussain, one wireless set, one mouser along with live cartridges was recovered. On the disclosure statement and at the instance of accused Shahid Hussain, one AK 47 rifle and 3 magazines having 79 live cartridges, 2 hand grenades, one battery with cells, one shawl and one set of army uniform were recovered and seized. On the disclosure statement of accused Shafayat Ali @ Bittu, one AK 47 rifle along with 3 magazines having 53 live cartridges, one hand grenade, one torch with cells, one khokhari, one set of army uniform and two shawls were recovered and seized on the spot. On the disclosure statement of accused Zahir Abaas, one wireless set and one grenade were recovered. The said ammunition was sealed on the spot and sent to FSL for chemical examination. It was found during investigation that the accused with an intention to augment militancy and commit dacoity of the government cash, fired indiscriminately at the matador as a result of which two persons died on the spot, whereas, the others were grievously injured. After investigation, the final report was submitted in the Court of learned Judicial Magistrate First Class, Mahanpur. Since the alleged offences were triable by the Sessions Court, he committed the case to the Sessions Court Kathua for trial of the accused.

(3.) Prosecution in the case has cited as many as 19 witnesses and during the course of trial has examined PWs Uttam Chand, Satya Devi, Mahant Ram, Mansa Ram, Karnail Singh, Rajesh Paul, Shiv Nandan, Gopal Dass, Abdul Rashid, Raj Kumar, Puran Chand, Baldev Raj, Dr. Vinod Sharma, Krishan Lal, Ram Parshad, Balbir Singh.