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| Court acquits cop for alleged 'killing of his colleague' | | | Jammu, Apr23 (JNF): Principal Sessions Judge Bhaderwah has acquitted one Shailender Kumar of Gusaoon Tehsil Gandoh District Doda a police personnel for allegedly killing his colleague showing it as a terrorists attack.
After hearing both the sides, Principal Sessions Judge Bhaderwah MK Sharma observed that that the investigation has been done in a feckless manner. Court observed that that the investigation was neither fair nor honest in this case which also improbabilises the entire case of the prosecution.
Another circumstance in this case is that FIR was lodged on 10/04/2006 at 8.15 pm while in ordinary course of things u/s 157 CrPC police was required to send a copy of the FIR to the Magistrate expeditiously. Unfortunately copy of FIR was sent to the Magistrate on 12/04/2006 i.e. two days late which also shows the cursory and casual manner of investigation. "Coupled with other circumstances narrated herein above, delayed dispatch of FIR to the Magistrate also assumes significance and makes the investigation doubtful, court said and added, "with these observations Court observed that the prosecution has miserably failed to prove its case and acquitted the accused from the charges leveled against him.
According to the police case on 10/04/2006 at around 7.40pm a wireless message was received in PS Gandoh from the accused (Shailender Kumar s/o Om Parkash of Gusaoon Tehsil Gandoh District Doda)who was in-charge police picket Kota that some unknown terrorists armed with weapons with an intention to kill the police personnel posted in police picket Kota fired indiscriminately. The firing was retaliated by the police. During the cross firing one SPO Ravinder Kumar No. 3637 sustained gunshot on left leg. On this report, an FIR against 21/2006 u/s 307 RPC, 7/27 Arms Act was registered in PS Gandoh and investigation was entrusted to Pardeep Kumar I/HC. Meanwhile injured SPO Ravinder Kumar succumbed to the injuries in hospital at Gandoh and the offence under section 302 RPC was added. Later the investigation was entrusted to PW Irfan Wani, SI and during the course of investigation it was found that the accused was in-charge police picket Kota at the time of occurrence and few days prior to the occurrence there was some scuffle between the deceased and the accused. The accused with criminal intention to eliminate the deceased chalked a criminal conspiracy and sent Mudassir Nazar and Qasim Din SPO to fetch water from the pond and with an intention to kill, fired upon the deceased Ravinder Kumar with his AK 47 rifle on 10/04/2006. In order to cover up his criminal act, the accused manipulated it as an attack by the militants. During the course of investigation rifle AK 47 alongwith 60 live cartridges issued to the accused was recovered and seized. The blood stained and plain soil was also seized and sealed for obtaining chemical opinion. One empty cartridge of AK 47 rifle was also seized from spot. The postmortem report was obtained. The investigation concluded finding the accused guilty for the commission of offences under sections 302 RPC & 20/27 Arms Act. |
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