Cr. Acq. Appeal No.55/2008 & Cr. Acq. Appeal No.57/2008

Page 1 of 8

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

Cr. Acq. Appeal No.55/2008

c/w

Cr. Acq. Appeal No.57/2008

Date of order:30.10.2017

State of J&K

Vs.

Abdul Rashid Khan & ors.

State of J&K

Vs.

Abdul Rashid Khan

Coram:

Hon’ble Mr. Justice Alok Aradhe, Judge.

Hon’ble Mr. Justice Tashi Rabstan, Judge

Appearance:

For appellant (s)

: Mr. S. S. Nanda, Sr. AAG.

For respondent(s) : Mrs. Veenu Gupta, Advocate.

i/

Whether to be reported in

Yes/No

Press/Media?

ii/

Whether to be reported in

Yes/No

Digest/Journal?

Per : Aradhe-J

01.

In these Criminal Acquittal Appeals, the appellants have assailed the

validity of the judgment dated 02.02.2008 by which the respondents have

been acquitted of the offences under Sections 364/302/201/34 RPC in FIR

No.80/1999 registered at Police Station Nageen, Srinagar and for offences

under Sections 364/302/201/120-B RPC read with Section 7/27 Arms Act

in FIR No.31/1999 registered at Police Station Sheeri, Baramulla.

02.

The prosecution story in nut shell is that on 23.06.1999, the victims namely

Nazir Ahmad Gilkar, Javed Ahmad Shah and Ghulam Rasool Mattoo at

about 7:30 p.m. after seeing-off the bride namely Anjum at Badpora were

returning on a Scooter bearing Registration No.DL-33-7771. The aforesaid

Scooter was stopped and checked near Police Station Soura, Srinagar by

police personnel of the same Police Station and three persons were taken

Cr. Acq. Appeal No.55/2008 & Cr. Acq. Appeal No.57/2008

Page 2 of 8

away alongwith Scooter to Police Station Soura. The victim Nazir Ahmad

Gilkar was subjected to torture during investigation, as a result of which, he

expired in the Police Station itself on that very night. It is also the case of

the prosecution that in order to conceal their unholy act, the accused

persons decided to do away with the lives of rest of the two victims also. As

per prosecution story, under the command and direction of co-accused

Abdul Rashid, they availed the services of CRPF personnel by using their

vehicles and they took away the victims to Baramulla and shot them dead

and their dead bodies were thrown within the jurisdiction of Sheri Police

Station. Initially the proceedings under Section 174 of the Code of Criminal

Procedure were initiated. However, later on FIR was registered with Police

Station Sheri, Baramulla on 26.09.1999. So far as Nazir Ahmed Gilkar is

concerned, his body was found from Dal Lake area within the jurisdiction

of Nageen Police Station. Both the cases later were investigated by the

Crime Branch, Srinagar. On the basis of the investigation carried out by the

Crime Branch, Srinagar except accused Tariq Ahmad Guru, all the accused

were charge-sheeted for commission of offences under Sections

364/302/201/34 RPC in FIR No.80/1999 registered at Police Station

Nageen, Srinagar. Accused Tariq Ahmad Guru was booked under Section

201 of RPC. FIR No.31/1999 was registered at Police Station Sheeri,

Baramulla for offences under Sections 364, 302, 201, 120-B RPC read with

Section 7/27 of Arms Act. After completion of the investigation, charge-

sheets were filed. It is pertinent to note that the accused Tariq Ahmad Guru

had died during the pendency of the proceeding for filing challan.

03.

The prosecution in order to prove its case examined as many as 36

witnesses, namely, Pw-1/Mushtaq Ahmed, Pw-2/Gulzar Ahmed, Pw-

3/Muzaffar Ahmed, Pw-4/Abdul Aziz, Pw-5/Farooq Ahmed, Pw-6/Ashfaq

Ahmed Wani, Pw-7/Shagufta Javed, Pw-8/Riaz Ahmed, Pw-9/Mohd. Amin

Wani, Pw-10/Gulam Nabi, Pw-11/Abdul Majid, Pw-12/Mohd. Amin, Pw-

13/Parvez Sajad, Pw-14/Nazir Ahmed, Pw-15/Mohd. Maqbool, Pw-

Cr. Acq. Appeal No.55/2008 & Cr. Acq. Appeal No.57/2008

Page 3 of 8

16/Abdul Rashid, Pw-17/Ameena Bano, Pw-18/Gulam Hassan, Pw-

19/Bilal Ahmed, Pw-20/Sh