Excelsior Correspondent
JAMMU, Feb 27: Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted Fazal Ahmed, Mukthiar Hussain and Mohd Ikhlaq, who were facing trial for instigating the Army to fire upon the police party.
According to the police case, on August 4, 2006 some Army personnel opened fire on the police party after being instigated by the accused persons. In the firing, Mushtaq Ahmed received serious bullet injuries on his right arm whereas constable Showket Ali received grievous injury on his left shoulder due to the splinter of the grenade.
On hearing the firing, people came out of their houses as a result of which the Army personal stopped the firing and left the place. Accordingly, FIR for offences under Sections 307,109,147, RPC and 3/25 Arms Act was registered in Police Station Mendhar. During the course of investigation, offences under Sections 307/109 RPC were established against the accused persons where as offences under Sections 307,109,147,149,RPC and 7/25 Arms Act were established against six Army officials against whom separate challan has been produced. The charges for commission of offences under Section 307 read with Section 109 RPC were framed against each of the present accused persons vide court order dated October 18, 2007.
Principal Sessions Judge Poonch Jaffer Hussain Beigh observed, “there is no evidence on record to say that the accused have instigated the Army personnel to fire upon the police party with which they have been charged”.
With these observations, Court acquitted the accused as prosecution failed to prove its case.
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