DB upholds acquittal in ex-minister's assassination case

25/03/2025

JAMMU, Mar 24: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Puneet Gupta upheld the acquittal of three accused namely Sayed Shabir Bukhari son of Syed Gh. Mohiuudin r/o Kreeri Pattan, . Shakil Ahmad Sofi son of Habibullah Sofi resident of Kreeri Pattan and Mushtaq Hussain Akhoon son of Gh. Ahmad r/o Zaldar Mohalla, Saeda Kadal, Srinagar in the 2005 assassination case of former Education Minister Gulam Nabi Lone, stating that the "evidence on record is too weak and shaky to arrive at a conclusion different from one arrived at by the Trial Court."
Division Bench dismissed the State's appeal against the acquittal of the accused, emphasizing that the prosecution failed to provide cogent and credible evidence to prove their involvement in the conspiracy behind the terrorist attack. For the reasons which the Trial Court has given elaborately in the impugned judgment and on re-evaluation of evidence by us, we see no good reason to take a view different from the one taken by the Trial Court. The evidence on record is too weak and shaky to arrive at a conclusion different from one arrived at by the Trial Court"
The the prosecution case, as was presented before the Trial Court, is that on 18.10.2005, at about 9:00 AM an information was received by Police Station Shergarhi, Srinagar from a reliable source that indiscriminate firing is going on at Government Quarters Tulsi Bagh, Srinagar and that some persons have been seriously injured. On this information, case F.I.R. No. 117/2005 under Sections 307 R.P.C and 7/27 Indian Arms Act was registered and investigation entrusted to Inspector Mir Rasiq, S.H.O. Police Station Shergarhi. The Investigating Officer proceeded on spot, prepared the site plan, seized the arms and ammunitions used by the terrorists in the attack and took the custody of the dead bodies lying on spot. The dead bodies, after completing all legal formalities, were handed over to the legal heirs for last rites.
During investigation, the Investigating Officer recorded the statements of the witnesses under Section 161 Cr.P.C. The investigation revealed that on 18.10.2005, the residential quarters at Tulsi Bagh, Srinagar came under attack by unknown terrorists. One of the terrorist tried to enter the main gate of the residence of Shri Mohd. Yousuf Tarigami, General Secretary, C.P.I.M. and M.L.A. The entry of the terrorist was resisted by Selection Grade Constable, Abdul Rashid at the gate. The second terrorist was chased by P.S.O. of Shri Mohd. Yousuf Tarigami and shot dead. From the possession of the second terrorist, AK-47 rifle, 6 AK-47 magazines, 119 rounds of AK-47 and 13 fired cartridges were recovered. The seized AK-47 rifle along with seized fired empty cases was sent to Forensic Science Laboratory, Srinagar for ballistic examination. The investigation further brought to fore that simultaneously another attack was launched by the militants at Quarter No. T-20, the residence of MoS Education, Shri Gulam Nabi Lone. The Minister was assassinated by the other terrorist in the aforesaid attack. The Investigating Officer collected all the pieces of evidence found on the spot and sent the relevant material to F.S.L. Srinagar for examination.
The State accused Respondents of being part of a criminal conspiracy to carry out the attack. The prosecution claimed that these individuals provided logistical support to the suicide attackers and were in constant touch with the operational chief of LeT, based in Pakistan.
However, the Trial Court, in its judgment dated October 10, 2012, acquitted all three accused, citing a lack of credible evidence to prove their involvement in the conspiracy. The State, dissatisfied with the acquittal, filed an appeal before the High Court.
The Division Bench after a thorough examination of the evidence and the Trial Court's judgment concluded that the prosecution had failed to establish a concrete case against the accused. The bench noted that the evidence presented was riddled with contradictions and lacked the necessary credibility to prove the conspiracy beyond a reasonable doubt.
DB observed that the prosecution's case primarily relied on circumstantial evidence, including alleged disclosure statements made by the accused, call records, and recovered materials such as video tapes and sketches. However, the bench found that these pieces of evidence were not sufficient to form an unbroken chain of circumstances that could conclusively link the accused to the crime.
Division Bench observed that the prosecution had alleged that the conspiracy was hatched at Kul Gujjar Pati Sumbler in Bandipora, but the investigating officer's statement suggested that the conspiracy was planned in Pakistan. Additionally, there were discrepancies in the prosecution's claim regarding the arrest and disclosure statements of the accused. The Court found that the prosecution had failed to provide a clear and consistent narrative of how the conspiracy was planned and executed.
DB further observed that the prosecution had claimed that the accused were in constant touch with the operational chief of LeT, based in Pakistan, and had provided logistical support to the suicide attackers. However, the Court found that the call details and other materials recovered from the accused were not adequately proved during the trial. The disclosure statements, which led to the recovery of video tapes and sketches, were also not substantiated to the satisfaction of the Court.
"The call details of the respondents, which could have at least proved that the Sayed Shabir Bukhari, Shakil Ahmad Sofi and Mushtaq Hussain Akhoon were in touch with Ab. Rehman @ Darda resident of Pakistan., the operational chief of LeT based in Pakistan, and had provided logistics and other information to the suicide attackers, i.e. Abu Ossama r/o Pakistan ( now dead and Bilal @ Salahu Din r/o Pakistan, were also not proved during the trial", the Division Bench observed.
Division Bench emphasizing that the accused before it were not directly involved in carrying out the attack as their alleged involvement was based on the charge of conspiracy under Section 120-B of the Ranbir Penal Code (RPC) the Court found that the prosecution had failed to prove their participation in the conspiracy. The bench noted that the Trial Court had rightly concluded that the evidence was full of contradictions and unworthy of credence.
Reiterating that the jurisdiction of an appellate court in an acquittal appeal is limited, the Division Bench explained that unless the Trial Court's appreciation of evidence is found to be perverse or impermissible, the appellate court should not interfere with the judgment of acquittal.
In light of the above observations, the Division Bench dismissed the State's appeal, finding it to be without merit.

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