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| CB Presented closure report in murder case | | Court disagrees with the report and ordered to handover custody of accused to Court | |
Jammu, August, 19 :- Chief Judicial Magistrate Jammu Mr. Sanjay Dhar in a significant order, disagree with the closure report submitted by the Crime Branch Jammu u/s 302 RPC and said that there is sufficient grounds for further proceedings in the case and issued notice to Commanding Officer concerned, directed to hand-over the custody of accused Signalman Tilak Raj driver to this Court on the next date of hearing.
According to the closure report on July 20, 1998 complainant Capt SP Singh Bali lodged a report with P/S Gandhi Nagar Jammu alleging therein that Signalman Ramu, the Guard, at came to his residence along with driver Signalman Tilak Raj in a jeep to transport him at Nagrota, the complainant heard a gun-shot, when he came down the stairs, the driver of the Jeep Tilak Raj came to him and told that Signalman Ramu had shot himself. The complainant rushed with injured to Military Hospital Satwari. However, Ramu on regaining his sense in the hospital told him in the presence of Duty Medical Officer that it was Tilak Raj who had shot him, a case u/s 307 RPC and 3/25 Arms Act was registered and started investigation of the case. During the investigation victim was shifted to Military Hospital Delhi where he breathed his last on September 29, 1998, thus the nature of the offence got changed u/s 302 RPC.
After investigation of the case the first IO concluded that there is no sufficient evidence against driver Tilak Raj as such case was closed and closure report was presented before the Court. Sub-Registrar Judicial Magistrate Jammu did not feel satisfied with the investigation, ordered on December 31, 1999 reinvestigation of the case. The reinvestigation was conducted by DySP Mr. Gulzar Choudhary again came to the same conclusion and submitted a closure report. However the Magistrate did not feel satisfied with the investigation again directed reinvestigation of the case vides order April 30, 2001. The reinvestigation was conducted by DySP Mr. Bihari Lal Koul of Crime Branch Jammu. Even the third investigating officer concluded that victim has died due to accidental fire and it is not a case of murder and presented closure report.
Chief Judicial Magistrate Jammu Mr. Sanjay Dhar after hearing Chief Prosecuting officer of the state and I O Mr. BL Koul and also gone through the case dairies as well as the final closure report and also refereed various judgment of the Supreme Court and observed that the “Apex Court has observed that non-recording of statement of injured patient in the medical register is no ground to disbelieve him and the statement made by the victim before the doctor even if not recorded as dying declaration communication by the patient to the doctor who treated him and is admissible in evidence”. With these observations the CJM observed that the material on record shows the culpability of accused driver Tilak Raj may extend to the offence u/s 302 RPC. Accordingly disagree with the report and find that there is a sufficient ground for further proceedings and issued notice for handover the custody of the accused to the Court.
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