2003 Kupwara ‘Fidayeen attack’: High Court holds former SHO guilty, upholds Munshi’s acquittal

Srinagar, Aug 31: The High Court of J&K and Ladakh sentenced a former Station House Officer of police to life imprisonment, holding him guilty of murder in a case related to a fidayeen attack in which two CRPF men were killed and six security forces personnel injured in Kupwara 2003.

Allowing the government’s appeal against Kupwara trial court’s order, a division bench of Justice Sanjeev Kumar and Justice Sanjay Parihar however upheld acquittal of another policeman (Munshi) for lack of evidence.

In its appeal in 2011, the erstwhile state government had challenged the acquittal of the former SHO, Ghulam Rasool Wani and policeman (Munshi) Abdul Ahad Rather of police station Sogam for conspiracy along with a Pakistani fidayeen attack on May 12, 2003.

The fidayeen attack took place, targeting police and security forces at the main Chowk Kupwara near SBI branch, according to prosecution. Two CRPF Jawans of 113 BN, namely Constable B Prashad and B Ramaiah were killed and six police and CRPF personnel were injured.

A fidayeen identified as Muhammad Ibrahim alias Khalil of Muzaffargarh Punjab, Pakistan of Jaish-e-Mohammad was killed. Subsequently police filed as case (FIR No. 83/2003) and later chargesheet was filed for offences under Section 302, 307, and 120-B of erstwhile RPC besides 7/25 Arms Act.

According to police, the SHO and the Munshi had ferried the fidayeen in police vehicle to the place of attack on the fateful day.

“The conspiracy to commit the offence of murder in the course of execution of conspiracy is well within the scope of conspiracy to which respondent No. 2 (Wani) was a party. Therefore, he is liable to be punished under Section 120-B read with Section 302 RPC,” the court said, adding, “In view of the phraseology of Section 120-B “be punished in the same manner as if he had abetted such offence”

In that background the conspirator even though he may not have indulged in the actual criminal operation to execute the conspiracy, becomes liable for the punishment prescribed under Section 302 RPC which is either sentence of death or imprisonment of life, the high court said.

“....Having regard to the facts and circumstance of the case, we deem it appropriate to hold him (Wani) guilty for having committed offence of murder in conspiracy with respondent No. 1 (fidayeen) and sentence him to imprisonment for life prescribed under Section 302 RPC,” the court said, “He shall surrender to custody of the trial Court and the latter shall draw formal order of sentence and commit him to custody, so as to undergo the sentence of imprisonment of life.” However, the division bench concurred with the finding of the trial Court and held police munshi not guilty of charge, thereby confirmed his acquittal.