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| 3 closure reports in row; Police fails to satisfy court | | CJM directs arrest of army jawan for killing colleague | | Jammu, Aug 19 : Chief Judicial Magistrate Sanjay Dhar has rejected the closure report filed by Senior Superintendent of Police Crime and Railways with regard to the alleged murder of an army personal by his colleague, which was though reported to be a case of suicide and directed the concerned commanding officer to handover the custody of the accused to the court and ensure his production on the next date of hearing.
After going through the closure report the court observed that in the face of material placed on record the court has no option but to dither with the conclusion arrived at by the investigating agency as the material shows the culpability of accused, which may extend to the offence under Section 302 RPC. “I disagree, which the report and find that there is sufficient ground for proceeding further”, the order, issued by the court reads.
The brief facts leading to the filing of closure report, filed by SSP Crime, were that on July 20, 1998 one Captain Satwinder Pal Singh filed a report stating that he heard a gun shot outside his residence and on coming out he was informed by Signalman Tilak Raj, driver, that he alongwith Signalman Ramu had come to his residence to transport him to unit at Nagrota. He was told by the driver that the guard committed suicide by shooting himself.
As per the complainant the injured was immediately rushed him to Military hospital where the he told him, in presence of DMO, that it was Tilak Raj who had shot him.
On the basis of the report lodged before it Gandhi Nagar Police Station registered FIR NO 335/98 for offence under sections 307 RPC and 3/25 Arms Act and started investigation of the case.
During the investigation of the case, on 4.8.1998 victim Signalman Ramu was shifted from Military Hospital, Satwari to Military Hospital, Delhi where the victim breathed his last on 29.09.1998. Thus the nature of offences got changed and offence under section 302 RPC was imposed. After investigation of the case the first Investigation Officer concluded that deceased Ramu was carrying a loaded gun on the fateful day and due to sudden fire from the gun he sustained injuries, which proved to be fatal.
According to the said investigating officer the victim in order to safeguard himself from any departmental action laid the blame of firing on the driver. The investigating officer concluded that there is no sufficient evidence against driver Tilak Raj so as to lodge a charge sheet against him, as such, the was closed under section 169 Cr.P.C and the closure report was laid before the court.
Judicial Magistrate 1st. Class (Sub Registrar), Jammu was not satisfied with the investigation conducted by the investigating officer and directed re-investigation of the case. In compliance with the said direction re-investigation of the case was conducted by DyS.P. Gulzar Choudhary. After re-investigation of the case the investigating agency again came to the same conclusion and submitted a closure report, who expressed his dissatisfaction and directed re-investigation of the case vide order dated 30.04.2001. The re-investigation of the case was this time directed to be conducted by an officer not below the rank of DySP of Crime branch, Jammu.
The closure report, which was filed by the Crime Branch, again also concluded that victim died due to accidental fire and it is not case of murder. Accordingly the present closure report has been submitted.
After hearing the Chief Prosecuting Officer for the State and Investigating Officer and going through the case diary, the court observed that that as per the material on record Captain Satwinder Singh in his written FIR has clearly stated that the deceased told him that Signalman Tilak Raj had shot him. Even the statement of the witnesses recorded under Section 161 CrPc clarify that they were told by the victim on way to the hospital that he was shot by the accused.
It was further revealed from investigation material on record that statement of injured/victim has not been recorded though he remained alive from the date of occurrence, which is 20th July 1998 till 29th July when he passed away in Military Hospital Delhi, the court noticed.
Discussing the post mortem report the court quoted the opinion of the doctor who opined that firearm injury in question could have been caused from a distance of 2 to 3 meters approximately. If a gun shot has been made form a distance of 2 to 3 meters as has been opined by the medical expert, it cannot be self-inflicted, observed the court.
The court orders the issuance of notice to concerned Commanding Officer, directing him to handover the custody of the accused driver Tilak Raj to this court and ensures his production before the court on next date of hearing.
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