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| DB dismisses state's appeal upholding acquittal of 5 accused | | Militant attack on treasury vehicle killing of two employees | | Early Times Report
Jammu, June 1: Division Bench of the State High Court comprising Justice Janak Raj Kotwal and Justice Sanjay Kumar Gupta dismissed the criminal acquittal appeal filed by the State against the Judgment dated March 19, 2010 delivered by the Principal Sessions Judge, Kathua whereby all the 5 accused namely Muzzafar Hussain alias Sohnu S/o Nazir Ahmed R/o Ward No. 7, Basohli, Zahoor Husain alias Zahoora S/o Abdul Hussain R/o Dathera Phinter, Tehsil Billwar, Zahir Abaas alias Munna alias Doda S/o Ahmed Younus Khan alias Abaas Khan R/o Udhrana Tehsil Bhaderwah A/P Ward No. 6, Basohli, Shahid Hussain S/o Abdul Latief R/o Panjgarain Tehsil Bhaderwah, Shafayat Ali alias Bittu S/o Rustam Ali R/o Malothi Tehsil Billawar had been acquitted of the offences punishable under sections 302/ 307/ 341/ 396/ 398/ 120/ 120-B read with sections 3/25 & 7/27 Arms Act of which they were charged.
Prosecution case briefly was that on March 01, 2001 a matador bearing registration No. JK08-6191 was taking cash from District Treasury Kathua to Bani-Basohli. When the said matador reached Pareta Morha Khurkhu Morh, Tehsil Basohli, four/five persons waylaid the said matador and with an intention to commit dacoity of the government cash, they started firing indiscriminately at the police party escorting the cash and matador as a result of which two employees died on the spot, whereas the others were injured. On information received in the Police Station Basohli, through reliable sources FIR No. 14/2001 was registered.
Division Bench headed by Justice Janak Raj Kotwal after hearing AAG L. K. Moza appearing for the State and Advocate Rahul Raina with Advocate Supriya Chouhan appearing for all the 5 accused came to the conclusion after rescanning the entire case of the prosecution that following the well known cardinal principles of law in appreciating the facts in case of murder, we do not find any compelling or substantial reason for disturbing the well reasoned judgment returned by the learned trial court after appreciating the entire material evidence on record. Under these circumstances the Division Bench directed that finding no merit in the appeal on hand filed by the State, the same is dismissed. |
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