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| Court acquits 4 police personnel from charges of custodial death | | Case decided after 11 years | | Early Times Reporter
Jammu | July 18
THE 2nd Additional Sessions Judge Jammu Mr. ML Manhas in a much publicized custodial death case which took place in the year 1997 has acquitted four police personnel who were facing trial u/s 304-II RPC (culpable homicide not amounting to murder).
According to the prosecution case that on June 10, 1997 two persons namely Rakesh Kumar alias Puppy s/o Kasturi Lal and Rakesh Kumar s/o Dharam Chand both residents of sujanpur Punjab were arrested by the police in case FIR u/s 379 (theft) and the investigation was entrusted to a team of police officials headed by Gulzar Ahmed Malik who took the accused to police post Sainik colony Jammu on June 12, 1997 for investigation and while one of the accused Rakesh Kumar s/o Dharam Chand was released on bail, the other accused Rakesh Kumar alias Puppy was subject to sustained interrogation during the intervening night 12/13 June 1997, as a result Rakesh Kumar alias Puppy received injuries on his head and was immediately removed by the police to District Hospital Gandhi Nagar Jammu and died on June 13, 1997. A Magisterial enquiry conducted by then Additional District Magistrate Udhampur, in his report sought appropriate action under law against police persons namely Pashori Lal, Roshan Dutta, Harbans Lal and Gulzar Ahmed Malik. Accordingly FIR u/s 304-II RPC was registered against the above mentioned accused persons and investigation was entrusted to SI Maqsood Ahmed who conducted initial investigation but later on investigation was completed by then SP City Jammu. After completion of the investigation challan against accused persons was presented in the court of law in the year 2006 and the accused persons stand charge sheeted on January 24, 2007 for commission of offence u/s 304-II RPC. The evidence of prosecution was closed on March 19, 2008 and the accused chosen not to lead any evidence in defence and on May 27, 2008 the defence evidence of accused was closed.
2nd Additional Sessions Judge, after hearing Adv Surinder Kour appearing for 1to 3 accused and Advocate Sunil Sethi with Ravi Dogra for accused Gulzar Ahmed Malik, observed that Kasturi Lal father of deceased appeared before the Enquiry Officer JK Sawhney then Additional DC and deposed that his son died as a result of custodial death in the custody of the accused persons. The court further observed that Kasturi Lal does not figure as prosecution witness in the list of witnesses in the challan and even otherwise, he has not been examined by the prosecution and an adverse inference thereof, can be drawn against the prosecution. The then SP City Sheikh Mehmood who was conducted part investigation of the case has not cared to come before the Court and depose as prosecution witness which also caused a serious doubt regarding the genuineness and truthfulness of the prosecution story. Maqsood Ahmed retired SI, one of the investigators of the case, had deposed that on June 12, 1997 deceased Rakesh Kumar alias Puppy fell ill and sent to hospital where he was declared dead. In his evidence he has not put-forth any incriminating evidence collected by him during investigation to connect the accused with the alleged commission of crime. It is further evidence of IO that he collected only the Photostat copy of the report but did not collect the original file of report.
Court further observed that the evidence produced by the prosecution is lacking incredibility and contradicting each-other in material particulars does not prove a connecting link between accused persons and commission of offence. The case of prosecution becomes doubtful when the version given by the prosecution witnesses suffer from glaring contradictions. It is highly dangerous and hazardous to hold that the accused persons guilty of offence u/s 304-II RPC on the basis of weak, shaky, unacceptable, untrustworthy and incredible evidence and the accused Pashori Lal, Roshan Dutta, Harbans Lal and Gulzar Ahmed Malik are acquitted of the charges leveled against them. JNF |
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