MOHD YAKOOB Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant criminal appeal, the appellant inter alia seeks setting aside of the judgment/order of sentence passed by the learned Sessions Judge, Rajouri dated 08.09.2005/09.09.2005 whereby the appellant has been convicted and sentenced u/s 332 RPC to undergo imprisonment for a period of one year and to pay fine of Rs. 1000/- and in default of making payment of fine, the accused to undergo imprisonment for one month.

(2.) Facts giving rise to filing of this appeal briefly stated are that on 30.04.1998 an FIR No.107/1998 for offences u/s 342/452/364/148/332/188/295 RPC came to be registered in Police Station Rajouri. As per the prosecution story, on 30.04.1998 the matriculation examination was being conducted in the Government High School, Manjakot and in this connection police personnel were deputed for duty in the said examination centre. At about 2 PM, while the examination was going on in the centre, Mohd Yakoob came to the centre to enable a student to copy. He tried to enter into the school premises on 2/3 occasions but police constables Mohd Shabir and Dina Nath who were on duty sent him away. The accused in a fit of anger threatened the police personnel that he will teach them a lesson and went away. Thereafter at 3 PM, accused Mohd Yakoob along with Naik subedar Ganesh Lal and Jaimal Singh CHR belonging to RP along with 10/12 army jawans of 12 Grenadiers came on spot in an army vehicle inside the examination centre and started to search constable Mohd Shabir. Mohd Shabir on seeing the army personnel ran away from the spot; chasing Mohd Shabir, the army personnel while wearing shoes went inside the Mosque and thereby insulted the sanctity of the Mosque. The army personnel caused disturbance in the examination centre. Thereafter the army personnel caught police constable Dina Nath and after searching the police post, they confined the police personnel to the police post and also entered the police post and attacked the police. The army personnel caught hold of Dina Nath and beat him and took him in their vehicle. Moharar Chowki and IHC Abdul Gani were also beaten by the army personnel and till 3 PM they cordoned the police post. The aforementioned persons caused disturbance in the examination centre and the Mosque. They prevented the police personnel from discharging their official duty. Four accused were found involved in the case; appellant was produced at the time of filing challan; rest three accused, namely Mohd. Shabir (police personal), N. Subeadar Ganesh Lal and CHR Jamail Singh both army personals were absconding; accordingly JCO of army who was present at that time stated that action against accused army personnel has been taken under law and non-bailable warrant was issued against police personal namely Mohd. Shabir. Mohd. Shabir appeared and accordingly, accused were charged for offences under Sections 342/452/364/148/332/188/295 RPC.

(3.) The statements of the accused were recorded. They denied their guilt and claimed trial. The prosecution in support of its case examined Dina Nath PW-1, Abdul Gani PW-2, Wazir Hussain PW-3, Mohd Ayub PW-4, Mohd Shakur PW-5, Manhaz Mohd PW-6, Badar Hussain PW-7, Sofi Muneer Mohd PW-8, Mohd Shabir PW-9 and Dr. Bashir Ahmed Choudhary PW-10 as witnesses. Court below after conclusion of trial convicted the accused /appellant and acquitted another accused. The brief resumes of witnesses read as under:-