Excelsior Correspondent
JAMMU, May 31: A court has acquitted an accused in the nearly 19-year-old killing of Special Police Officer (SPO) Baldev Singh in a militant ambush, holding that the prosecution failed to produce any evidence identifying or linking him with the deadly attack.
Additional Sessions Judge Doda, Archana Charak, acquitted Jameel Ahmed, son of Mohd Ibrahim, resident of Mangota-Marmat, Tehsil and District Doda, of charges under Sections 302 and 307 of the Ranbir Penal Code and Sections 7/27 of the Arms Act in FIR No. 96/2007 of Police Station Doda.
According to the prosecution case, on August 5, 2007, a police patrolling party conducting a search operation at Seri Top in Marmat was fired upon by militants. SPO Baldev Singh was killed in the attack, while the assailants allegedly took away his SLR rifle, two magazines and 80 live cartridges.
During investigation, three persons – Azad Hussain, Jameel Ahmed and Kafayatullah – were implicated in the case. Proceedings against Azad Hussain and Kafayatullah, however, abated after their deaths during the pendency of trial.
The court noted that though the prosecution examined 12 witnesses, including members of the patrolling party, the deceased’s relatives, the doctor who conducted the post-mortem and two investigating officers, none could identify Jameel Ahmed as one of the attackers.
Several witnesses from the police party stated that militants had opened fire in the dense forest area, resulting in the death of SPO Baldev Singh, but admitted that they did not know who the attackers were. One witness stated that he later came to know the names of the militants from an informer, but could not disclose the identity of that informer.
In a significant admission, preliminary Investigating Officer stated during cross-examination that the names of the alleged militants were based on his “own estimation” and that no witness statement or evidence directly linking the accused with the attack had emerged during his investigation. He further admitted that no identification was conducted and no empty cartridge was seized from the spot.
Further Investigating Officer also admitted that the militants were not recognised at the place of occurrence and that the names of the accused had surfaced during a secret inquiry.
After examining the prosecution evidence, the court observed that none of the witnesses had identified the accused and not even a single incriminating circumstance had emerged against him which could be put to him for explanation.
Holding that the matter fell within the ambit of a “no evidence” case, the court dispensed with the examination of Jameel Ahmed under Section 342 CrPC and acquitted him under Section 273 CrPC.
The court also directed that the seized articles, if any, be deposited in the District Court after expiry of the period of appeal. The State was represented by the Assistant Public Prosecutor, while Advocate Asim Hashmi appeared as amicus curiae for the accused.
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