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Court convicts 4 accused in culpable homicide case, passes strictures against IO
9/5/2019 10:18:03 PM
Early Times Report
Jammu, Sept 5 : In a much publicized murder case of Dr. Bupesh's son, 2nd Additional Sessions Judge Jammu Vinder singh Bhou convicted four accused namely Kunwarpal Singh, Koushal Singh, Shubinder Singh and Gagandeep Singh facing trial and held guilty and convicted of culpable homicide not amounting to murder under section 304 Part I RPC, also for offence u/s 341 RPC, read with section 34 RPC.
In addition the accused, namely, Kunwarpal Singh and Koushal Singh are held guilty and convicted of offence u/s 4/27 Arms Act, 1959.
While convicting accused, 2nd Additional Sessions Judge Jammu observed that before parting with the judgment, this court cannot resist from reflecting upon the very disturbing aspect of the case and which is the manner and intent with which the investigation in the case has been conducted in the case by Mohd. Rafiq, the then SHO Police Station Channi Himmat Jammu.
This Court has no hesitation to put its observation on record here that Mohd. Rafiq as an investigation officer in the case was conducting so-called investigation with an intent not only to create and leave gaps in the factual connectivity of the investigation so as to be evidently apparent to be exploited by the accused persons in their defence to cause prejudice to the truth of the case but also to plant tutored evidence in the form of witness Tarun Sudan so as to run counter to the testimony of the two actual eye witnesses of the case Paras Sharma & Neel Mani Sharma so as to lend a handle in the hands of the accused persons in challenging the prosecution case and in fact which was tried level best by the defence side but failing to succeed.
Vital aspects of the investigation which would have strengthened the case right from the very inception of the investigation have been left aside as if it was not of any botheration to the investigation officer Mohd. Rafiq that a crime relating to homicidal death of a young person under section 302 RPC was being investigated by him whereas he seems to have acted with all ease and comfort from his chair of SHO police Station Channi Himmat Jammu and taking the investigation as a matter of just compilation of routine set of papers in the name of a challah to be put dumped before a criminal court for it to struggle with the case as a puzzle.
This court registers its vehement criticism of Mohd Rafiq , the then SHO Police Station Channi Himmat Jammu and directs this part of the judgment of this Court to be notified to the Director General of Police J&K not only in relation to the appraisal of the performance of said police officer in terms of his ACR but also to see and take effective steps to ensure that every investigation in a serious crime is subjected to full scrutiny of the superior police officers of the concerned District Police Administration to see that the investigation is purged of any gaps and defects left or unattended by the IO concerned.
The Police Rules to this effect are there to ensure the role of the superior police officers viz a viz investigation part of the Police Station but it is a matter of activating the said rules to serve the ultimate cause of criminal administration of justice . It is not very often that a criminal court, while dealing with a criminal case on original side, ventures to register its anguish for the poor, shady and shoddy investigation done by the Police but, it is, only when a case of the present kind comes across that this court cannot fail in its duty to put an aloud reminder to be taken serious notice by all the concerned including the higher authorities of the Police establishment but even the Society that there is still a value attached to the true testimony of the eye witnesses or others as well in a court of law notwithstanding the acts of omission and commission of the Police Station dealing with the investigation of the crime.
Court also directed Special Public Prosecutor is directed to get this judgment to be notified to the Director, General of Police, J&K and also the Prosecution Wing for the needful purpose as observed.
The factual narrative stated in the challan with respect to commission of crime is that on 17-07-2008 during evening hours at about 8:00 P.M near Sector 7 Ext., Vaishnavi Enclave Road, one Sahil Khajuria S/o Bhupesh Khajuria R/o Sector no.5 Channi Himmat along with two boys riding on a motorcycle were headed towards bye-pass road when four boys riding on two motorcycles following the motorcycle being ridden by Sahil Khajuria overtook at the spot near a Karyana shop of one Jagdish Singh and intercepted the motorcycle ridden by Sahil Khajuria and stopped him whereupon all the two motorcycle borne four boys pounced upon and over powered Sahil Khajuria beating him with fist blows and when the two colleagues of Sahil Khajuria tried to intervene and free Sahil Khajuria they were also subjected to beating by the four assaulters and in the course of this scuffle one of the accused inflicted an injury by Kirch at the back of Sahil Khajuria leaving him grievously injured to fall down and faint and the assaulters nevertheless kept on dealing in kicks to the injured Sahil Khajuria and then riding upon their motorcycles they fled away leaving the Sahil Khajuria in an injured state and on being taken to the Government Medical College Hospital, Jammu by the Police in a police vehicle, the injured Sahil Khajuria suffered loss of his life to be reported dead. The two colleagues of the victim Sahil Khajuria who were accompanying him on the motorcycle are Paras Sharma and Neel Mani Sharma.
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