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2015 Supreme(J&K) 669

HASNAIN MASSODI
Sara – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mir Shafaqat Hussain, Advocate.
For the Respondents:B.A. Dar, A.A.G. and Ram Singh, Advocate.

JUDGMENT :

HASNAIN MASSODI, J.

1. Facts are not in dispute. Abdul Rashid Reshi, S/o. Gh. Mohd. Reshi, R/o. Samboora, Pulwama, husband of Petitioner No. 1 and father of Petitioner Nos. 2 & 3, was on 05.08.2010, hit by a bullet, when Railway Protection Force under the orders of Sh. M. Govind Raju, Assistant Commandant 9th Bn. opened fire to disperse a mob at Samboora, District Pulwama. Victim, a Coppersmith by profession, was at the time of unfortunate occurrence, pulling down shutter of his shop. He was immediately shifted to SKIMS, Soura, Srinagar in an injured condition, where he remained as indoor patient for a few months. The firearm injury damaged his brain and injury lead to complications like nervous breakdown, nephrological disorder and bed sores. He became crippled and reduced to vegetative state. The injured after prolonged hospitalization succumbed to his injuries on 11.06.2011, only after his medical treatment consumed all his assets, leaving his widow and young children high and dry. Petitioner was 36 years of age at the time of his death earned his livelihood by working as a coppersmith and had an income of Rs. 20,000/- per month. The untimely death of only bread winner























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