MANSHA BI Vs. STATE OF J & K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Cr.P.C, petitioner seeks quashing of judgment dtd. 17/10/2006 passed by the learned Sessions Judge, Poonch, in case titled, State vs Pritam Singh and anr. in file No.34/Sessions, with a consequential order of re-trial in accordance with law.

(2.) The brief facts of the case are that petitioner is the mother of the deceased, Riaz Ahmed, who was killed by the Army personnel, namely, Rfn Subash Singh No.13750912-Y 14 JAK Rifles on the instigation of civilians Pritam Singh and Sardool Singh on 14/9/1994. FIR No. 169/94 for commission of offences under Ss. 304/109 RPC was registered against Rfn Subash Singh No.13750912-Y 14 JAK Rifles, Sardool Singh S/o Lachman Singh and Pritam Singh S/o Attar Singh, both residents of village Darra Dullian, on the complaint of Wazir Mohd S/o Kayam Din R/o Village, Darra Dullian. On 14/9/94 it was reported to Police of Police Station, Poonch, that at about 5 p.m. Riaz Ahmed was scaling the heights of LKG to fetch buffaloes and the accused persons, namely, Pritam Singh and Sardool Singh on the basis of past rivalry informed the Army headquarter LKG that an armed militant has been detected who is going to run away, where upon jawan of JAK rifles and G.R at the instigation of the aforesaid accused persons started firing and a bullet hit Riaz Ahmed who was brought to the Military Hospital, Poonch where he succumbed to his injuries. Thereupon the Police registered the aforesaid FIR and started investigation. The accused, namely, Pritam Singh and Sardool Singh were arrested on 15/9/94. The Police presented challan against the aforesaid two civilian accused persons and stated in the challan that the Army personnel were not available and after making thorough investigation appropriate action will be taken against them. The case was committed to the Court of Sessions Judge, Poonch, where upon a direction under Sec. 173(8) of Cr.P.C was given to the police to investigate the matter further in order to find out the involvement of Army personnel. After completing the investigation a fresh challan was presented before the committal Court against the aforesaid accused persons along with one Army personnel Subash Singh.

(3.) That the Army exercised the option to try Subash Singh in Summary Court Martial, so the challan against the accused namely Pritam Singh and Sardool Singh for commission of offence under Sec. 304/109 RPC was committed to the Court of Sessions.