STATE TIMES NEWS
JAMMU: Principal Sessions Judge Kishtwar Bala Jyoti on Friday awarded one month conviction and a fine of Rs. 5000 each to Mohammad Iqbal, Ghulam Fatima alias Guddi and Haqnawaz under Sections 353 and 34 RPC as they have acted in their common intention to repel legal action of police personnel on 3rd August, 2006.
According to ASI Abdul Rashid, on 3rd August 2006, a Matador bearing No. JK06- 0736 was parked in the middle of road near the office of SDM Kishtwar thereby disrupting the traffic. When Rashid along with DySP Liyaqat Ali asked the driver to remove the Matador, the accused trio in order to disturb peace and tranquility attacked the police party with sticks, weapon and ammunition. They inflicted injuries on DySP Liyaqat Ali, Lady Constable Roumala Devi and Follower Mushtaq Ahmed and also tore the uniform of a police personal. An FIR bearing No. 173/2006 was lodged against accused persons.
Investigation was entrusted to ASI Mohan Lal who prepared site plan on spot and seized one stick, one uniform i.e ‘torn shirt’, recorded statement of witnesses, and consequently the accused persons were arrested.
Principal Sessions Judge Kishtwar Bala Jyoti after hearing both the sides held that prosecution has successfully proved accused persons’ guilt under Sections 353 and 34 RPC as they have acted in execution of their common intention to repel legal action of police personnel. Offence under section 333 RPC i.e causing grievous hurt is not established against them.
The accused persons were accordingly convicted under 353 and 34 RPC and sentenced to undergo imprisonment of one month each and pay a fine of Rs.5000 each. “Default of payment will subject to one more month of imprisonment”, the judgment added. JNF
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