STATE OF J AND K Vs. NIYAZ AHMAD SOFT

JUDGEMENT

(1.) his appeal is directed against acquittal order dated 1-1-2000 passed by the learned IVth AddI. Sessions Judge. Srinagar. Respondent was a top ranking dreaded militant affiliated with secessionist organisation known as Ikhwanul Muslimeen. On 4-11-1999, the trial Judge charged him for the commission of offences falling under Sections 302, 307, 382, RPC read with Sections 7/27 of the Arms Act. He was acquitted within a span of 57 days. During this period: five times the case was adjourned which include only three opportunities given to the prosecution for the production of the witnesses. On 1-1-2000, the evidence was closed and respondent acquitted holding, prosecution could not examine even a single witness out of 22 witnesses.

(2.) The appellant/State filed appeal on 10-4-2000 which was time barred by eight days. Application (IA No. 27/2000) was made for condonation of delay. During the pendency of the appeal, respondent got killed during the intervening night of 11/12 April, 2000 within the territorial jurisdiction of Police Station, Khanyar After his death, the appeal stands abated under Section 431 Cr. P.C. and the order of acquittal cannot be interfered.

(3.) Notwithstanding abatement of appeal, on examination of the record of the proceedings for the purpose of satisfying ourselves as to the correctness, legality or propriety of the orders passed and the regularity of the proceedings, we find them illegal and perverse. The proceedings taken are irregular and improper, so much so, that the irregularities committed and improprieties perpetuated have gone to the root of the case. The cause of justice became the causality and the credibility of judiciary is at stake. We therefore, treat and deal with the matter in exercise of the superintendence/revisional powers of this court under Section 104 of the State Constitution (Paramateria with Article 227 of the Constitution of India) and Chapter XXXII of the Criminal Procedure Code.