Excelsior Correspondent
JAMMU, June 1: A Division Bench of the J&K High Court has dismissed the appeal by the State against acquittal of five accused in militant attack on Treasury vehicle at Basohli and killing of two employees in 2001.
The DB, 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 son of Nazir Ahmed of Ward No. 7, Basohli; Zahoor Husain alias Zahoora son of Abdul Hussain of Dathera Phinter, Billwar; Zahir Abaas alias Munna alias Doda son of Ahmed Younus Khan alias Abaas Khan of Udhrana, Bhaderwah ; Shahid Hussain son of Abdul Latief of Panjgarain, Bhaderwah and Shafayat Ali alias Bittu son of Rustam Ali of Malothi, 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.
The said case FIR No. 14/2001 was registered at Police Station Basohli on March 1, 2001 after a Matador bearing registration number JK08-6191, taking cash from District Treasury Kathua to Bani-Basohli was waylaid by some militants near Pareta Morha Khurkhu Morh, Tehsil Basohli. With an intention to commit dacoity of the Government cash, the accused 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.
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 that the court did not find any reason for the purpose of disturbing the well reasoned judgment already recorded by the Trial Court, which is based on appreciation of entire evidence on record. “In arriving at conclusion about guilt of accused charged with heinous crime, the court has to judge the evidence by yardsticks of probabilities. Law does not permit the court to punish the accused on basis of moral conviction or suspicion. The burden of proof never shift, it is always on prosecution. Thus 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,” observed the DB and added that under these circumstances, it found no merit in the appeal on hand filed by the State and hence the same is dismissed.
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