Police presents chargesheet in Shopian fake encounter in court Army captain, civilian found guilty


Srinagar, Dec 27 (KNS): Police today produced chargesheet against an Army officer and a civilian involved in killing of three Rajouri youth in a staged encounter in Shopian.
According to a police press release issued to KNS, " On 18-07-2020, an information was received by Police Station Heerpora that three unidentified terrorists were killed in an operation at village Amshipora by 62RR and 02 pistols with 02 magazines and 04 empty Pistol cartridges, 15 Live cartridges & 15 empty cartridges of AK series Weapon and other objectionable items were recovered from the encounter site. Consequent upon the information, a case FIR No. 42/2020 U/S 307 IPC, 7/27 Arms Act, 16 ULA(P) Act was registered in P/S Heerpora and investigation was set into motion."
"During the course of investigation, all the efforts were made to establish the identity of the slain persons but all in vain. On 10.08.2020 a signal was received from I/C PP Peeri, District Rajouri mentioning therein that three youth namely Abrar Ahmad son of Bagga Khan resident of Dharsakri, Imtiyaz Ahmad son of Sabir Hussain resident of Dharsakri . Abrar Ahmad son of Mohd Yousuf resident of Tarkassi, Tehsil Kotranka had gone to Kashmir to work as labour on 16.07.2020 but since then their whereabouts are not known to the family nor they reported back to their respective homes. Further it was informed, that missing reports have been entered in PP Peeri, Rajouri."
On receipt of this information, a Police Party from Shopian was deputed for collection of DNA samples from the claimant families., Police said, "Accordingly, DNA samples of claimant families were taken through team of Doctors Constituted by District Magistrate Rajouri. DNA samples of Claimant families along with DNA samples of the dead bodies were sent to CFSL, Chandigarh for analysis and comparison. Which were identifies as same as 3 missing youths of the District Rajouri. "
Keeping in view the nature and sensitivity of the case, a Special Investigation Team headed by Deputy Superintendent of Police Hqrs. Shopian was constituted., It said.
On receipt of this DNA report, two persons namely Tabish Nazir son of Nazir Ahmed Malik resident of Chowgam and Bilal Ahmed Lone son of Ghulam Nabi Lone resident of Arabal Nikas Pulwama were summoned at Police Station Heerpora for questioning and were arrested in the instant Case. Whereas Capt. Bhoopendra Singh @ Maj Basheer Khan of 62RR was detained by Army under relevant sections of law.
During investigation it transpired that conspiracy has been hatched by accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR, Tabish Nazir S/o Nazir Ahmed Malik R/o Chowgam and Bilal Ahmed Lone S/o Ghulam Nabi Lone R/o Arabal Nikas Pulwama to abduct and staged the encounter.
"They deliberately and purposefully chose not to follow SOPs, they planted illegally acquired weapons and material on their dead bodies after stripping them of their identities and tagged them as hardcore terrorists in possession of war-like stores and deliberately providing false information to colleagues/senior. As per SOPs Army informed the police for registration of FIR.
During investigation of above said FIR, sections 307 IPC, 7/27 Arms Act, 16 ULA(P) Act against the slain youth were dropped and the offences under section 302, 364, 201, 436, 120-B, 182 IPC and section 7/25 IA Act against accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR, accused Tabish Nazir S/O Nazir Ahmed Malik R/O Chowgam and Bilal Ahmed Lone S/O Ghulam Nabi Lone R/O Arabal Nikas Pulwama was established and therefore incorporated in the instant Case."
During the course of investigation, on the disclosure of accused persons led the SIT to recreate all the scenes of crime which includes routes used after meeting the victims and the place where the victims were murdered. During further investigation all the circumstantial evidences which includes two Vehicles, service rifle of Captain Bhoopendra Singh of 62 RR etc. were seized.
During investigation, on accused Bilal Ahmed Lone S/o Ghulam Nabi Lone R/o Arabal. Nikas Pulwama has become approver under relevant Section of law and his statement has been recorded Before Court of CJM, Shopian.
Accordingly, on 26-12-2020 Charge Sheet of instant case running in 1400 pages against accused:
1-Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR and
2-Tabish Nazir S/O Nazir Ahmed Malik R/O Chowgam, for commission of offences u/s 302,364,201,436,120B,182 IPC r/w 7/25 IA Act was presented before Hon’ble Chief Judicial Magistrate Shopian for judicial determination.
Accordingly, an order has been issued by Court asking the Army Authorities under relevant sections of law to give their opinion whether the accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR be tried by the Criminal Court of ordinary jurisdiction or by the Court Martial.
During the investigation, statement of 49 witnesses was recorded under relevant sections of law and a total of 75 witnesses were listed under the list of witness annexed with the challan.(KNS) 

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