SHAHID SHEIKH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- This revision is directed against the order dated 23-12-1997 passed by Sessions Judge, Jammu. By means of impugned order it has been held that on examination of the materials on record there exists prima facie case against the petitioner and respondents 2 to 4 for sending them to trial, and consequently charge under S. 3 of J and K Prevention and Separation of Sabotage Act, 1965; Ss. 302/307 read with S. 120-B, RPC has been ordered to be framed against the petitioner and respondents 2 to 4.

(2.) Case as setup in the Court below against all the accused is that on 29-3-1997 respondents with a criminal intent planted explosive device (RDX) in an Ambassador Car as also in its dicky. While doing so accused were well aware that explosion of RDX would cause loss of human lives as well as property. This car was brought pursuant to a conspiracy hatched on the night intervening 15-16 March, 1997 at Baba Muslim Hotel, Talab Kharikan, Jammu, when it was decided to cause an explosion in a crowded area, the aim whereof was to cause terror in the public at large as well as to de-stabilise the Government by use of arms, ammunition and explosives. For achieving this unlawful end, explosive was managed by other accused, as detailed in the challan. Ambassador Car was brought from Delhi and a fictitious number plate PUH-3307 was affixed thereon. Its chassis and engine number were also tampered with. This car was brought to Bathindi at Darul-Allom being run by respondent No. 2. With a view to accomplish their plan of causing explosion in a crowded area this object was given final shape at Baba Muslim Hotel, Talab Kharikan, Jammu on 28-3-1997 when with a view to achieve the aforesaid criminal object three other accused namely Jalal Din, Faiz-ulwahid (respondent No. 2) and Abdul Rashid (respondent No. 4) planted the RDX, as aforesaid, in the car.

(3.) In addition to the explosive planted in the Ambassador car, a small dibba was planted by the accused on the road in a drain by respondent No. 3. All the accused were aware that due to Daler Mahendi Night in Jammu Stadium there will be big rush in the area where the explosion took place.