Early Times Report
JAMMU, Aug 28: High court judge Tashi Rabstan has issued a notice and called for the status report in a petition filed by the parents of a girl who had died of burns at Zanana Park in 2013.
Kushnoor Aslam had died of burns at the Zanana Park. The petition in the high court has been filed by her parents -- Lal Zohra and Mohammad Aslam.
The court, after hearing their counsel, directed that the August 27, 2016 proceedings before the trial court would remain deferred.
The counsel alleged that Kushnoor Aslam was killed in the prime of her age by Sanjay Sharma. He submitted that the aggrieved parents had approached this court to seek justice and fair investigation. It was alleged that to shield the accused police had investigated the case unfairly. The final report presented in FIR No 169/2013 under section 306 of RPC was blatant abuse of the investigation powers as the victim, prior to her death, had made a categoric statement under section 164-A of CrPC before a judicial magistrate at DMC, Ludhiana, that she had been set ablaze by Sanjay Sharma.
Despite that, the IO had manipulated the final report and submitted the challan under section 306 of RPC (abetment to suicide).
He alleged that the trial court too had wrongly charged the accused under section 306 of RPC while the challan and charge should have been under section of 302.
The petitioners, vide the present petition, have assailed the mode and method of investigation and conclusion in the final report.
The girl had died a few days after recording her statement, which was now a dying declaration as she succumbed to her burns on October 21, 2013 and her postmortem was got conducted by SI Rattan Singh, incharge of Parade police post, who was IO of the case, at LM Ludhiana Civil Hospital on October 22, 2013.
The counsel alleged that because of the baised police probe into the case, the petitioners had filed a complaint in the high court under section 302 of RPC. Though the court had directed police to investigate the case under law, nothing had happened even after a lapse of about three months.
Though the challan had been produced and case committed to the court of 2nd additional sessions judge, the matter needed to be reinvestigated by police or SIT or crime branch to reach to a logical conclusion as the petitioners were alleging murder of the girl. |
