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| Court acquits murder accused | | | Et Report
Jammu, Jan 20: Additional Sessions Judge Jammu Sanjay Gupta has acquitted one Pankaj Singh who was facing trial in murder case for the last seven years as prosecution failed to establish its case. While acquitting the accused persons, Additional Sessions Judge Jammu Sanjay Gupta after hearing Adv Rajinder Singh Jamwal appearing for the accused, took serious note for non-compliance of court order by the DGP and said that DGP has shown great disrespect to the court process, neither he sent the notices back nor any respondent or report was furnished with regard to notices and due to non examination of doctors, case of death has not been proved and further observed that mere on the statement of investigation officer conviction cannot be based. According to the police case that on September 27, 2007 police station sopore received information that at Batpora adjoining super bazaar road a truck is lying and inside the truck is a corpse of a person who is inundated in bold and someone the intervening night has killed the person whose corpse is inside the truck. On this police registered a case u/s 302 RPC and after completion of investigation challan was presented in the Court at Baramulla which was transferred by the High Court from Baramulla to Jammu. The court observed that investigation in the present case has been conducted in most unmindful manner as is evident that Investigating Officer during investigation recovered bold stained wheel pana and on disclosure of accused and at the instance of accused a rave but neither took finger prints from it nor lifted bold sample from it so as match it with blood of the deceased. This was most important link and IO has also not collected any evidence with regard to engagement of accused as conductor. Court further observed that post-mortem report and injury certificate have not been proved as prosecution has failed to produce the doctors.
In the present case notices of doctors as prosecution witnesses were sent to IGP Srinagar various times but he failed and on April 10, 2013 and May 3, 2013 notices were sent to DGP J&K but again failed and on May 23, 2013 right to produce prosecution witness by prosecution was closed. Thereafter prosecution filed an application u/s 540 CrPC for calling these witnesses and it was allowed but prosecution again failed to produce these witnesses again and this time notices were sent to DGP but DGP has shown disrespect to Court process, he neither sent the notices back nor any response or report was furnished with regard to the notices. With these observations Court acquitted the accused as prosecution has failed to prove his case beyond reasonable doubts against accused. (JNF) |
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