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Court directs further investigation in murder case, passes strictures against IO
2/7/2020 9:59:05 PM
Early Times Report

JAMMU, Feb 7: Additional Sessions Court Jammu Tahir Khurshid Raina directed the prosecution for further investigation in the case with the aid of section 173 (8) of the Code of criminal procedure to complete the same within one month. The Court also passed strictures against the IO police station Bishnah and directed SSP Jammu to take action and file action taken report in the court.
In 2017 body of a person named Vinod Kumar of Laswara tehsil Bishnah was found floating in a canal at Bishnah. Then District magistrate ordered for post mortem to be conducted through special team of doctors. In the post mortem, multiple lacerated injuries on the head and body were revealed and viscera was sent to FSL. FIR was not registered by the officer incharge of PS Bishnah and it got registered only in the month of January 2019.
It again remained in oblivion for six months and then in July 2019 some investigation started by the officer incharge of the police station . Three accused namely Sukhvinder kumar, Arun khujeria and Binni kumar were nabbed during investigation . Sukhvinder was arrested in the first instance who disclosed that he and deceased were doing trade of Heroin. In the said trade they had some dispute on account of which he killed the deceased by attacking his head with Skrew driver . After killing he contacted other two accused on phone who brought a Van in which dead body was carried and thrown in the canal.
The accused was chargesheeted by police for commission of offences under section 302, 201 RPC and co accused under section 201,109 RPC i:e destruction of Evidence. Addl sessions judge Jammu formulated seven points where in delay and lapses in investigation are highlighted including non consideration and ignoring of clinching incriminating evidence by the Investigating officer .
The court observed that if multiple injuries on the head and body of the decead were revealed in the postmortem, why F.I.R was not registered in the very first instance by officer incharge Bishnah and delayed for more than one year for want of FSL report when cause of death was obvious .
The Court observed that all the officer's incharge of PS Bishnah from the date of recovery of dead body till final submission of charge sheet have shown casual attitude to the case and took two years to complete an investigation in a murder case which finally culminated into a sham investigation. Court observed that if this is the standard of investigation being done in a muder case , time is not far when people will lose faith in the police and will take law into their own hands to avenge the criminality committed with them which can lead to anarchy.
The court directed SS.P JAMMU to engage a new IO of impaccable integrity and competence for further investigation of the case , preferably by a SIT of senior officers .
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