Excelsior Correspondent
JAMMU, June 21: Principal Sessions Judge Bandipora Khalil Ahmad Choudhary today acquitted three persons, who were allegedly involved in 2002 attack on a police party, as prosecution failed to prove the case by leading evidence beyond any reasonable doubt.
Brief facts of the case are that on 20.11.2002, a docket was received by the Police Station Bandipora to the effect that on 20.11.2002 two terrorists namely Showkat Ahmad Peer and Ayaz Ahmad Peer, sons of Ahad Peer and Ahad Peer, son of Gh Mohd Peer, Shamus Din Peer, son of Aziz Peer, all residents of Garoora Bandipora attacked the Police Party with their illegally possessed arms and Haji Gh Nabi Ganaie, son of Kabeer Ganaie with the intention to kill them.
The indiscriminate firing resulted in on spot death of Ghulam Nabi Ganaie, while as, Gh Rasool (ASI) and Manzoor Ahmad (Constable) and two civilians namely Javid Ahmad Lone and Zaffar Mehraj Lone, residents of Garoora got seriously injured.
On receipt of this report, FIR was registered in Police Station Bandipora under Sections 302, 307, 34 RPC and 7/27 Arms Act against the accused persons. During medical treatment, ASI Gh Rasool succumbed to his injures in the hospital.
After completion of the investigation, the challan was presented against the accused persons before the court of Judicial Magistrate First Class Bandipora on 4.2.2003 and thereafter the case committed to the court of Principal Sessions Judge, Baramulla vide order dated 4.2.2003.
After considering the material available on case record, prima-facie offences under Sections, 302, 307, 326, 34, 109 RPC read with Section 7/27 Arms Act, were made out against the accused persons, who thereafter came to be charged for the offences by the court of Principal Sessions Judge, Baramulla on 16.07.2003.
After creation of the District Bandipora in the year 2008, Sessions Division was created in Bandipora, as such the instant case was transferred to the court of Principal Sessions Judge Bandipora vide order dated.20.6.2008.
The matter, marked by a complex evidentiary record and high public sensitivity, remained pending at the stage of final arguments for nearly 12 years, despite the completion of evidence as early as 2013.
Recognizing the protracted delay and the significance of the case in terms of both public confidence and institutional responsibility, the court of Principal Sessions Judge Bandipora prioritized its revival and expeditious conclusion.
A detailed examination of the voluminous record and procedural history was undertaken to ensure that the matter was adjudicated with the care, rigour and fairness.
Today, the court pronounced its final judgment in the matter, culminating over two decades of pendency. Upon careful appreciation of the evidence on record and after due consideration of the submissions advanced, the court acquitted the accused persons of all charges, holding that the prosecution had failed to establish the case beyond reasonable doubt.
“The testimonies of witnesses even if taken on their face value, fall short of the requirement of proof of the charge beyond all reasonable doubt. In my view, the remaining circumstances relied by the prosecution would not unerringly point towards the guilt of the accused persons. Thus, in my view, it is unsafe on these circumstances to maintain the conviction of the accused persons; thus, extend to them the benefit of doubt”, Principal Sessions Judge Bandipora, Khalil Ahmad Choudhary said.
Accordingly, court acquitted accused namely Ayaz Ahmad Pir Alias Mitha, Shawkat Pir, both sons of Ab. Ahad Pir and Mymoona, wife of Ab Ahad Pir, residents of Garoora Bandipora. “Two other accused are already dead, as such, the proceedings against them stand abated in the instant case”, read the judgment.
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