IMPORTANT POINT
– Power to identify differs according to power of observation and memories of person identifying and each case depends on its own facts.

M.K. Hanjura, J.—The string of incidents, put in a sequence as they emerge from the study of the file under consideration are as follows:

2. On 1st of May 2006 at 3.45 p.m the police authorities of Police Post Khurhama, came to know from reliable source that some unknown persons wielding guns fired gun shots indiscriminately at Khurhama market, as a consequence of which two persons namely, Mohammad Altaf Lone S/o Abdul Aziz Lone and Abdul Yasim Bhat S/o Ali Mohammad Bhat, both residents of Tikkipora Khurhama, sustained bullet injuries. Mohammad Altaf Lone died on spot and Abdul Yasim Bhat sustained injuries. Both the deceased and the injured were before the incident working in 8 Sector, R.R as sources. They too were armed. This information was forwarded by the Police Authorities of Police Post Khurhama to S.H.O Police Station Lalpora, where a case for offences punishable under section 7/27 Arms Act, and section 302 RPC was registered vide FIR No.23/2006 with which the investigation of the case commenced.

3. During the investigation what surfaced is that the accused Bilal Ahmad Banday S/o Abdul Khaliq Banday R/O Warnoo, Lolab, was working with SOG Group Warnoo. He fired at the deceased and the injured with the intention to kill them. It also appeared that the accused was accompanied by two of his associates, namely Zulfikar Ayoub Malik and Nisar Ahmad Gagad. They too were armed with AK-47 rifles. Arms and ammunition were recovered from them. These were forwarded to FSL Srinagar for expert opinion. The finger prints of the accused were taken. These were forwarded examination to FSL for opinion. The seizure memos were prepared. The site plan was prepared and the dead body was taken into possession. The postmortem examination of the deceased was conducted. His wearing apparels were seized. Since the deceased and the injured were armed at the moment, therefore, these were seized. Eleven cartridge cases fired from AK-47 rifle were also seized. The statements of the witnesses conversant with the facts and circumstances of the case were recorded under section 161 Cr. P.C. The two associates of the accused were released in terms of section 169 Cr. P.C.

4. It also came into limelight during the course of the investigation of the case that the deceased and the injured Abdul Yasin had strained relations with the accused. The accused had asked the deceased and the injured to work for SOG Warnoo. The deceased and the injured did not agree to do so. A fight had ensued between them prior to this incident, also on that count. The accused had threatened the deceased and the injured to be prepared to face the consequences and ultimately he fired upon them.

5. On the completion of the investigation of the case, a charge sheet for the commission of offences punishable under section 302/326 RPC was preferred in the court of Learned Judicial Magistrate Sogam against the accused. The Learned Judicial Magistrate committed the case to the Court of Learned Sessions Judge Kupwara in terms of section 205 Cr. P.C. The accused was charged for the commission of offences punishable under section 302, 326 RPC vide order dated 06.09.2006 of the Trial Court. The accused denied the charge. He claimed to be tried, and, accordingly prosecution was asked to produce evidence in support of its case. Prosecution examined as many as 21 witnesses namely S/Shri Abdul Yasin Bhat, Tariq Ahmad, Syed Atiq Ullah, Syed Masood Ahmad, Bashir Ahmad Malik, Manzoor Ahmad Malik, Ms. Tasleema, Abdul Rashid, Javaid Ahmad Teeli, Nisar Ahmad Lone, Abdul Hamid Lone, Dr. Aijaz Ahmad Qadri, Dr. Manzoor Ahmad, Javiad Ahmad Mir, Mushtaq Ahmad Head Constable, Altaf Ahmad Khan, Abdul Gani Malik, Ali Gulam Head Constable, Abdul Majid, Mohammad Akber Assistant Sub Inspector and Mohammad Latief Sub Inspector to bring the guilt of the accused home to him.

6. The prosecution evidence was closed on 25.05.2011 and the case was posted for recording the statement of the accused under section 342