STATE OF J&K Vs. SHAMSHEER HUSSAIN

JUDGEMENT

(1.) This criminal revision has been filed by the State against the order/judgment dated 30 th Aug., 2007 passed by learned Principal Sessions Judge, Rajouri in case titled Shamsheer Hussain vs. State by virtue of which appeal filed by the respondent herein has been allowed and accused (respondent herein) has been acquitted.

(2.) Appellant-State has challenged the impugned order dated 30.08.2007 on the ground that learned Sessions Judge has mis-appreciated and misconstrued the law attracted to the facts of the present case; that the court below has committed grave error of law, which has resulted in passing of the impugned judgment; that the prosecution has successfully proved the allegations levelled against the respondent herein and the oral and documentary evidence produced during the trial has undoubtedly established the commission of alleged offences by the respondent herein.

(3.) The prosecution case in brief is that on 12.03.2001, SHO Police Station Rajouri gave a telephonic message to Police Station Thanamandi that a matador bearing registration no.JKO2D/1549 was destined from Kalakote to Plunger and because of rash & negligent driving of driver Shamsheer Hussain met with an accident at Nerojaal. The vehicle was boarded with a Barat Party. As a result of accident four persons, namely, Anait Ali Shah, Talab Hussain Shah, Zafar Hussain Shah and Abdul Aziz died on spot and about 18/20 persons got injured, who have been shifted to hospital. On receiving this information, FIR no:14/2001 for the commission of offence punishable under Sections 279/ 337/ 338 and 304-A RPC stood registered at Police Station, Thanamandi against the accused and investigation of the case was entrusted to Mohd. Rafiq Chohan, S.I. who after proceeding to the Hospital at Rajouri, got the injured persons medically examined beside recording the statement of prosecution witnesses under Sec. 161 Crimial P.C. He also received the dead bodies from Police Station, Rajouri and delivered the same to the legal heirs of the deceased against proper receipt and also taken the photograph of the dead bodies and prepared the site plan and during the further course of investigation, I.O besides seizing the documents of the vehicle under question also got the same mechanically examined. The accused was taken into custody, who was later on admitted to bail by the court. The I.O has also obtained the medical report with regard to the eighteen persons injured in the said accident and finally after the conclusion of the investigation the challan was presented before the court under Sec. 279/304-A RPC.