Advocates:
['A H QAZI AAG', '', 'ADARSH BHAGAT', 'GA', 'ASHISH SINGH KOTWAL', 'DY AG', 'KHALID KHATAK', '', 'K M BHATTI']

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRAA No. 26/2007

Reserved on:- 15.03.2021

Pronounced on:-24.03.2021

State of J&K.

.....Appellant(s)/Petitioner(s)

Through :- Mr. Adarsh Bhagat, GA.

V/s

Javed Iqbal and others.

.....Respondent(s)

Through :-

Mr. K.M. Bhatti, Advocate for R-1.

None for respondents Nos. 2 & 3.

CORAM :

HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

Sanjay Dhar-J

1.

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

28^th and 29^th 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

2 CRAA No. 26/2007

complainant, wherafter 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

3 CRAA No. 26/2007

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