Excelsior Correspondent
JAMMU, Dec 29: Principal Sessions Judge, Kathua, M K Hanjura today acquitted two accused allegedly involved in the killing of two surrendered militants as prosecution utterly failed to prove the case.
According to the prosecution case, on November 7, 2002 Mushtaq Ahmad and Gul Mohd along with Hizbul Mujahideen outfit terrorist Mohd Farooq barged into the house of Ishrat Qamer and Ashraf Qamer at Deher-Deol, Billawar and shot them dead with AK-47 rifles as the (deceased) had deserted HM and surrendered before the security forces.
A case for offences under Section 120-B/302/34 RPC and 7/25 Arms Act was registered at Police Station Billawar. One of the assailants namely Mohd Farooq was later killed by a fellow terrorist.
After the completion of the investigation charge sheet was presented against the accused in the court of JMIC Billawar, which committed the case to court of Principal Sessions Judge. The accused were charged with the offences and the prosecution evidence was closed on October 11, 2012. The statements of the accused were recorded on October 17, 2012.
After hearing the counsel for the accused and Public Prosecutor, Principal Sessions Judge observed, “in the juristic consideration about the use of firm arms, it is stated that if a bullet or fired cartridge is available, the work of investigation is, apparently, not so difficult as in a case where neither the crime bullet is available nor the fired cartridge. In the event of the availability of the crime bullet or the fired cartridge a security of these becomes absolutely necessary”.
“What kind of gun the witners was holding with which he fired the shots is not known. Therefore, the connection, if any the cartridges fired from that gun had with the injuries sustained by the deceased has neither been noticed nor worked out”, the Court said, adding “it casts a serious doubt on the veracity of the prosecution case”.
“The investigating officers have been examined as witnesses and none amongst them have come forward to state how and by whom the links of the accused were traced out with the commission of the crime. They have simply tried to pass the buck on to others. They have not worked in tandem”, the Court said, adding “the prosecution witnesses have stated that the accused were not known to them. The investigating officer who conducted the investigation of the case first in point of time has stated that he could not unravel the mystery of killing the deceased till such time he was posted as SHO Billawar and his successor has stated that his predecessor in office was the person who connected them with the crime”.
Stating that prosecution has utterly failed to connect the accused with the commission of crime, who have been languishing in the jail for the last more than six years by now, the Principal Sessions Judge acquitted the accused of the charges leveled against them and directed that they should be released from the custody.
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