Judgment

Sanjay Dhar, J.—The instant appeal is directed against the judgment dated 18.09.2006 passed by the learned Principal Sessions Judge, Poonch, whereby accused/respondent No.1, namely, Javed Iqbal has been acquitted of the charges for offences under Sections 302, 307, 429, 436, 147, 148, 149 and 120-B RPC read with Sections 7/25, 26 and 27 of the Arms Act.

2. Briefly stated the case of the prosecution before the Trial Court was that the complainant, namely, Khalid Mehmood lodged a report with the Police Station, Surankote, alleging therein that during the intervening night of 28th and 29th June, 1999, 15-20 persons entered his house located at Mohra Bachai, Surankote. The said persons after conducting search of the house came out of it and after 10-15 minutes re-entered the house, abused the father of the complainant, whereafter they started spraying bullets upon sixteen inmates of the house. The assailants are alleged to have sprinkled petrol upon the dead bodies and set them on fire along with the house. The complainant, his wife, PW-Shoukat Ahmed and Changez Khan, who were staying towards the back side of the house, escaped from there through a window.

3. On the basis of the aforesaid report, the police registered an FIR No. 66/1999 for commission of offences under Sections 302, 307, 429, 436, 147, 148, 149 and 120-B RPC read with Sections 7/25, 26 and 27 of the Arms Act and started investigation of the case. After the investigation of the case, it was found that fifteen persons had died as a result of the incident, that had taken place in the house, which was in joint possession of Mohd. Azam and Mohd. Akram. Besides this, one buffalo and an Ox had also died on account of the house having been set on fire. However, PW-Zahida Akhtar, who was also present in the house along with fifteen deceased persons sustained injuries, but she had a miraculous escape. The statement of the injured PW- Zahida Akhtar was recorded by the Investigating Officer on 30.06.1999 in the hospital and in her statement, she disclosed that 15-20 persons were involved in the crime, out of whom, she identified the respondents, namely, Javed Iqbal, Mohd. Yasir and Muzaffer Hussain (hereinafter referred to as “the accused”). The police arrested respondent No. 1-Javed Iqbal on 30.07.1999 and after making certain inquiries from him, he was sent to Joint Interrogation Centre, Jammu. However, the Investigating Officer did not find his involvement in the crime and he was given the benefit of Section 169 of the Cr.P.C. So far as the other two accused are concerned, they could not be traced.

4. The investigation was thereafter handed over to the Crime Branch, Jammu. The second Investigating Officer again recorded the statement of injured PW-Zahida Akhtar under Section 161 of the Cr.P.C on 16.09.1999 and thereafter, statements of other eye witnesses were also recorded. It was found during further investigation of the case that maternal aunt of the accused-Mohd. Yasir had been kidnapped by the militants on 31.01.1999, whereafter she was killed by the silting her throat. The accused had held the complainant and his family members responsible for the said murder and in this regard, they had lodged a report with the police. Accused-Mohd. Yasir and Javed Iqbal happen to be cousin brothers. In the same year, i.e., in 1999, another incident took place, in which Zarina Parveen, a relative of the accused persons, was kidnapped and killed by the militants and for this also, the accused put the blame upon the complainant and his family members. It was also found during the investigation that the accused had threatened to eliminate the complainant and his family. Thus, as per the investigation, all the three accused had personal scores to settle against the complainant and his family members, which prompted them to eliminate 15 family members of the complainant, who were staying in the house, in which the occurrence took place.

5. With the aforesaid findings, the Crime