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DB upholds life imprisonment to killer of brother's wife
Directs DGP to take action against IO
3/25/2014 12:10:35 AM
Early Times Report

Jammu, Mar 24 : Division Bench of state High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat today upheld the life-imprisonment awarded by then Sessions Judge Ramban to accused Mohd Baksh s/o Salah Mohd r/o Budhan Tehsil Gool who was facing trial in murder of his real brother's wife over a dispute of land. According to the prosecution case that on September 20, 2005 accused first beat up Rakheela Akhter w/o Mohd Mansa r/o Budhan Tehsil Gool near his house and thereafter took her in the house and committed murder with an axe for just a land dispute with his brother who was the husband of deceased. While upholding the life-imprisonment, Division Bench directed Director General of Police, J&K, Jammu for appropriate action against the Investigation Officer, Abdul Majid, the then Assistant Sub Inspector.
Division Bench observed that On appreciation of direct evidence of PW Farid Ahmed, it is difficult to attach any importance to the version of Investigation Officer to the effect that the room where the body of deceased was lying was locked when he visited the spot on the following day of occurrence. It is unfortunate that the Investigation Officer has made departure from the prosecution version on many aspects of the case which speaks volumes about his professional efficiency.
A closer look at the testimony of Investigating Officer shows that he has cared least to scrupulously depose about the facts coming to his knowledge and made fool of himself by making ridiculous statements in cross- examination on several aspects of investigation. The conduct of Investigating Officer in witness-box speaks volumes about his sense of responsibility. B
e that as it may, it is well settled that any irregularity or illegality in investigation cannot be permitted to reflect upon the case and no benefit can be derived by accused from such irregularity or illegality. It is shocking that the Investigating Officer has not stood on a firm ground while deposing in the case and despite there being no flaw in investigation; he has blown hot and cold for reasons unknown. The officers dealing with the investigation of sensitive cases like murder cannot be permitted to behave in such a manner and conduct themselves in an irresponsible fashion as has been done by the Investigating Officer in the instant case. Investigating Officer Abdul Majid needs to deal with for his delinquent conduct.
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