Excelsior Correspondent
JAMMU, July 25: Presiding Officer TADA/POTA Court Sanjeev Gupta today acquitted three brothers of Behra Morah Kund in Mendhar tehsil of Poonch district for their alleged involvement in massacre of 11 persons on January 21, 2002 on the ground that evidence on record was not sufficient to fasten criminal liability of the accused.
Three brothers, who have been acquitted after about 12 years trial by the Court, have been identified as Mohammad Anwar, Mohammad Sharief and Mohammad Taj, sons of Haji Abdul Azir R/o Behra Morah Kund, Mendhar. The trio had been described as militants of Tehreek-ul-Mujahideen.
According to the police case, on January 21, 2002 a source information was received at police station Mendhar to the effect that during the intervening night Mohd Anwar, Mohd Sharief and Mohd Taj along with some foreign militants under the command of self-style area commander Mohd Nazeem, had intruded into village Behra carrying illegal arms and ammunition and killed 11 persons.
On this information, police registered a case and after completion of investigation presented challan against the accused persons.
Sanjeev Gupta after going through both the sides observed that after careful consideration of the entire evidence and keeping in mind the settled position of law clarified through different decision, held that Court is of the view that evidence on record is not sufficient to fasten criminal liability on the accused who deserve a benefit of doubt in the light of two versions of the incident which has come in the prosecution evidence contradicting and striking at each other and dismissed the prosecution case and acquitted the accused from the charges leveled against them.
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