BASHIR AHMED Vs. STATE

JUDGEMENT

(1.) The appellant was charged for offence under Sections 302, 307, 120B read with Section 109 RPC and under Sections 4 and 5 Explosive Substances Act. The accused, however, pleaded not guilty to the charge and claimed trial. The prosecution examined Lal Din, Mool Raj, Dr. M. Ishaq Wani, Surjit Singh, Krishan Chand, Badri Nath, Lekh Raj, Chan Mohd, Tara Chand, Charan Dass and Dinesh Singh Jasrotia in support of its case.

(2.) PW Lal Din has stated that he did not see any militant but heard the sound of firing. He does not know whether the militants were hiding in the house of the appellant. The witness has been declared hostile by the prosecution and has been cross -examined by the Public Prosecutor. In his cross -examination, he states that he never made any statement before the police that the appellant had exhorted the militants to run away or that any ammunition was recovered from the 'dokh' of the appellant.

(3.) PW Mool Raj is the constable who was heading the patrolling party at the time of occurrence. He states that on 31st August 2003 they were on patrolling duty, they reached Khandara Top, there was a cattle shed of the appellant who was standing outside it.