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Court convicts duo for assault in J&K’s Poonch

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A local court in the Surankote area of Poonch district in Jammu and Kashmir has convicted two accused persons for assaulting a duo in 2016.

After the incident, police station Surankote registered an FIR vide number 153/2016 under sections 341,323 and 324 RPC.

Pertinently, in 2016, the applicant had filed an application at Police Station Surankote, stating therein that his two sons were coming home after cutting grass for the cattle, the accused persons namely, Manzoor Hussain and Maqbool Hussain, sons of Noor Muhammad of Marhote Surankote restrained their passage and attacked Muhammad Farooq with an axe and wounded his leg and they further pelted stones at the applicant’s son namely Muhammad Qasim.

The applicant had stated after raising the alarm, people rescued his sons from the clutches of the accused persons otherwise the accused persons would have eliminated them. The accused persons as per the applicant bore enmity with him over a meadow (Dhok).

Police after registering an FIR investigated the case and recorded the statements of witnesses.

The court of sub-judge took sections 324 and 341 into consideration while as for as section 324 (use of a dangerous weapon) was concerned, the court said that the prosecution has failed to produce the weapon used for the offense in the court of law and there is a mix up in the prosecution evidence over the weapon of offense which create doubts in the prosecution story. The court as per the news agency Kashmir News Trust maintained that an unmerited acquittal is not good for society and if the prosecution had succeeded in making out a convincing case, the court would have not favored the acquittal theory.

However, the court observed that the prosecution vis-à-vis section 341 (Punishment for wrongful restraint) and section 323 RPC, (Punishment for voluntarily causing hurt) has been able to prove the charges beyond shadow of any doubt.
“The accused persons are convicted and sentenced to undergo simple imprisonment of one month for the offense under section 341 and six months for the offense under section 323. Both the sentences imposed hereby, to run concurrently.”

The accused were represented by Advocate Sheeraz Ahmed while Additional Public Prosecutor Rukhsar Khan was representing the state. [KNT]

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