The high court had said that the facts as alleged and

material evidence relied upon and mentioned justify framing of charges under the appropriate section of the IPC. During the hearing today, the NIA also told the court that an accused in the case, who was absconding, has been killed in an encounter with security forces on December 20 last year in Kishtwar in Jammu and Kashmir, the sources said. The sources said that the court allowed the plea of NIA for abating proceedings against accused Shakir Hussain Sheikh alias Chota Hafiz, saying "since accused Sheikh is stated and reported to be dead, the proceedings against him in the present case are abated." The court had earlier framed charges against Malik for offences punishable under sections 120-B (criminal conspiracy) , 440 (mischief committed after preparation made for causing death or hurt), 436 (mischief by fire or explosive substance), 302 (murder), 307 (attempt to murder), 323 (causing hurt) and 325 (voluntarily causing grievous hurt) of the IPC. While deciding to frame charges against Malik earlier, the trial court had referred to co-accused-turned-approver Amir Abbas Dev's statement to the magistrate under Section 164 of the CrPC. Dev was also arrested by the NIA for his alleged role in the case but had later turned approver and was granted pardon by the judge. The NIA had filed its charge sheet against six, including Malik, Dev and a minor, besides three others -- Amir Kamal, Junaid Akram Malik and Shakir Hussain Seikh, who are suspected members of the banned terror outfit Hizb-ul Mujahideen and are evading arrest. The minor's case is being adjudicated separately. The charge sheet against the six accused was filed under various sections of the IPC dealing with murder, criminal conspiracy, waging war against the nation, attempt to murder, causing grievous hurt and others, besides various offences under the Explosive Act and the UAP Act.