ABDUL HAMID AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being questioned correctness of the judgment dated 28.4.2012 passed by the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No. 36/2010, this appeal is before us. By the judgment impugned learned Trial Judge convicted the accused appellants for the offences punishable under Sections 121, 121-A, 122, 123, Ranbir Penal Code read with Section 14 of the Foreigners Act and Section 25 read with Section 7 of the Arms Act.

(2.) The facts necessary to be noticed for adjudication of this appeal are that on 31.10.1997 at 1700 hours Mohd. Makbool, Constable No.15/kp of police post Karalpora, Police Station Trehgam, District Kupwara (Jammu & Kashmir) produced a first information report signed by Major P. Rajnarain at police station Trehgam and on basis of that a case bearing numbers 187/1997 was registered. As per contents of the first information report, at about 1350 hours, on 19-10-1997, the security personnels of India while patrolling on Border spotted few suspicious persons in the forest area of village Kachama. One person under suspicion was over powered by security personnels and on interrogation he revealed presence of seven other persons in the nearby area. On search being made seven other persons were forced to surrender. The eight persons surrendered before the security force disclosed their identity as Taza Sarbaz, Abdul Hamid, Abdul Gair, Kharuddin Khan, Zohrab Khan, Ayub Khan, Mohd. Hamza and Baaz Mohd, residents of Afghanistan. The persons named above also surrendered huge arms and ammunitions including eight AK-56 guns, AK-32 rifles, hand grenades 15, hand grenades (Pak)-1 and ammunitions AK-960. The complainant also informed that from 19.10.1997 to 31.10.1997 the persons apprehended were interrogated by the security force and after availing necessary instructions from the senior officers the report was filed and that caused delay in lodging the first information report. The seizure memo with regard to recovery of arms comprising of eight paper leaves was also submitted along with the first information report.

(3.) A charge-sheet was submitted before the competent court after completing necessary investigation. On denial of charges trial commenced and by judgment dated 31.7.2006 learned Principal Judge, Kupwara acquitted all the accused persons being lacking evidence to establish the charges. Hon'ble High Court of Jammu & Kashmir by an order dated 1.5.2008 quashed the order passed by learned Principal Judge, Kupwara acquitting the accused persons and remanded the matter to be tried afresh. The trial in pursuance to an order passed by Hon'ble Supreme Court of India came to be transferred to learned Sessions Judge, Jodhpur.