J&K HC acquits man accused in 2007 militant killing of Doda cop — ‘Not a single incriminating fact’

3 min readJammuJun 4, 2026 05:21 PM IST

After investigating officer Sharma’s transfer, the probe was handed over to Sub-Inspector Sanjay. (Image generated using AI)

Two decades after Jameel Ahmed of Doda’s Marmat area was accused in the killing of a police officer, a court in Jammu & Kashmir’s Doda district acquitted him, holding that the case fell within the ambit of “no evidence”.

The acquittal came after none of the prosecution witnesses — including police personnel — linked the accused to the killing. Even the police officer who initially investigated the case, recorded witness statements, prepared the site plan and seizure memo, told the court during cross-examination that he had named the accused based on his own “estimation”.

The case pertains to the killing of SPO Baldev Singh by militants in Marmat’s Seri Top area on August 5, 2007.

“None of the witnesses have uttered or whispered even a single circumstance regarding the occurrence against the accused person and from their evidence not even a single incriminating circumstance or fact emerges which can be put to accused and his explanation can be sought and accused can be asked to enter defence,” observed Additional Sessions Judge, Doda, Archana Charak.

“For the foregoing analysis, as there being no incriminating fact or circumstances emerging from the prosecution evidence, the examination of accused Jameel Ahmed in terms of Section 342 Cr.P.C is dispensed, as I am of considered view that this case falls within the ambit of ‘No Evidence’ as required u/s 273 Cr.P.C,” the judge held.

Section 273 of the now-repealed Code of Criminal Procedure (Cr.P.C.) mandates that all evidence during a trial must be recorded in the presence of the accused.

“As such police challan is dismissed and accordingly accused Jameel Ahmed S/o Mohd Ibrahim R/o Mangota-Marmat, Tehsil and District Doda, is acquitted of charges levelled against him,” the court said.

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Significantly, Inspector Raghubir Sharma, who initially investigated the case and recorded witness statements, told the court during cross-examination that the probe remained with him for only a month after registration of the FIR and that the names of militants in his chief examination were “only due to his own estimation”. “No evidence as well as statements of any of the witnesses which directly linked the names of militants came during his investigation,” the court documents cite him as saying. “No identification has been done during the investigation. No empty cartridge was seized on the spot by him.”

According to the police, a party from the Goha police post had received information that militants had opened fire on a patrol party carrying out a search operation in the area. The search party retaliated and, during the exchange of fire, SPO Baldev Singh died on the spot.

The investigating officer prepared the site plan, carried out seizures and got the post-mortem conducted. After legal formalities, the body was handed over to the family.

Azad Hussain, Kufayatullah and Jameel Ahmed, all residents of Marmat allegedly owing allegiance to Hizbul Mujahideen, were arrested in the case.

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After investigating officer Sharma’s transfer, the probe was handed over to Sub-Inspector Sanjay.

A charge sheet was filed in court on November 19, 2007. But as the case awaited trial, two accused — Azad Hussain and Kafayatullah — died.