Jammu and Kashmir Court April 2001 Judgments
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State of Jammu and Kashmir Vs. Safdar Ali and ors.
Court: Jammu and Kashmir
Decided on: Apr-16-2001
Reported in: 2002CriLJ2836
1. The only question involved for consideration is whether there ought to be a reasonable connection or nexus between the alleged act and the duty or authority imposed upon a Police Officer in order to attract the application of Rule 349 of the Police Rules, 1960.2. How the question has arisen will be revealed by the following facts. On January 4, 1990 one Sher Singh was arrested by the Officer-Incharge of police station, Marwah Tehsil Kishtwar for interrogation in a murder case (FIR No. 13 of 1989 under Section 302, RPC). He died on 15-1-1990 while in custody. His father Sh. Jai Ram complained to Superintendent of Police, Doda, that he died in Police Custody due to police torture. The investigation of the case was entrusted to Crime Branch, on whose finding the Director General of Police Sh. J. N. Sexena vide letter dated 10-8-1991 approached the Government for grant of sanction to the prosecution of the accused in terms of Section 197 of the Code of Criminal Procedure. The investigat...
State Vs. Abdul Rashid and ors.
Court: Jammu and Kashmir
Decided on: Apr-16-2001
Reported in: 2002CriLJ3118
1. This appeal by the State is against the order of acquittal dated 31 -8-1990 passed by the Additional Sessions Judge, Ramban. The accused-respondents were tried for the offence of murder and attempt to murder allegedly committed by them on 9-1-1992 when all the three are said to have assaulted the deceased Farooq Ahmad and his brother PW Rafiq Ahmad. The occurrence having taken place within the jurisdiction of P/S Banihal. Both the victims of the assault were removed to Government Hospital, Banihal immediately after the occurrence. Doctor Abdul Majid, the then Block Medical Officer, Banihal referred the deceased Farooq Ahmad to SMGS Hospital, Jammu for treatment on the same date. However, before he was shifted to Jammu, his statement was recorded by the police in the Hospital on the basis of which case Under Section 307/341 read with Section 34, IPC was registered against all the three ac-cused.2. The facts disclosed in the FIR are that the deoeased along with his brother PW Raflq Ah...
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