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2013 Supreme(J&K) 88

HASNAIN MASSODI
Zaitooni & Anr. – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr. Z.A. Qureshi, Advocate for the Appellants.
Mr. M.I. Qadiri, Advocate General, Mr. K.S. Johal, Senior Advocate, Mr. K.S. Wazir, Advocate for the Respondents.

1. On 1st March 2001, an Army Convoy was ambushed near T.B. Hospital, Janglat Mandi, Ananmag. The ambush led to brief encounter between Army and militant(s). Colonel J.P. Janu and Rfn Ganesh Kumar got killed on spot in the cross tiring. Brigadier Bikram Singh, Sector Commander Sector-I, Rashtriya Rifles and other two army personnel, travelling in the Army Convoy, sustained injuries. The encounter also claimed life of two civilians, namely Mohammad Shafi Shah son of Ghulam Rasool Shah resident of Hazratbal, Ananmag and Abdul Ahad Sheik SIL/O Ghulam Mohammad Sheikh R/o Janglat Mandi, Anantnag. Shri Aejaz Ahmad Bhat son of Ghulam Mohammad Bhat resident of S.K. Colony, Anantnag, was injured in the cross firing. One more person - a non local also got killed in the encounter.

2. The occurrence led to registration of case - FIR No. 72 of 2001 under Section 302, 307, 427 RPC, 7/25 Arms Act, Police Station Anantnag. The Investigating Officer identified the non-local person, killed in the cross firing, as Mohi-ud-din Afghani alias Muteen Chacha resident of Malakand, Frontier Province, Pakistan. He, on the strength of investigation conducted, found him to have ambushed the army convoy and ther























































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