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| Brothers acquitted in uncle’s murder charges | | | EARLY TIMES REPORT
JAMMU, Nov 5: Principal Sessions Judge Jammu JR Kotwal today acquitted Ravinder Singh alias Ricky and Harmeet Singh alias Sonu sons of Gopal Singh resident of Bhor Camp Jammu, who were facing trial for allegedly committing murder of their real uncle Kulbir Singh on August 15, 2002 with the directions that both the accused who are in judicial custody are released.
In his acquittal judgment, Principal Sessions Judge observed that investigating agency had left much to be desired at initial stage of the investigation and ultimately wrapped up the proceedings in hush-hush manner in utter disregard of the requirements and consequences of sending a person to trial.
Advocate SC Bali appearing for the accused persons submitted that prosecution after investigating the case was unable to unfold the mystery of fire for more than two months concocted the evidence of Jagat Singh grand father of the accused persons into picture as eye-witness after more than two months of the occurrence when Anand Jain took the investigation. Prosecution has not explained and has rather made it suspicious as to why he did not narrate the involvement of accused persons to the police immediately after the occurrence and did so after more than two months.
Upon this the Court observed that the evidence rendered by Jagat Singh in back-drop of the entire prosecution case including failure to prove the motive and defence contentions commission of serious offences like murder. As per prosecution witness Zorwar Singh that accused Ravinder Singh at the time of informing him about the death of the deceased was companied with one Sanjay Kumar. Record of the case submitted to the Court by the prosecution shows that the investigator had recorded statement in terms of 161 Cr PC. In that statement the prosecution witness stated that accused was accompanied with Sanjay Kumar son ff Tirath Ram. The investigating agency, however, for reason well known to it, kept Sanjay Kumar away from the scene. He is in the picture neither as a witness nor as a co-accused. This was a serious lapse on the part of investigating officer of the time and by doing so an important possible lead to the cause of death of the deceased has been wasted. The investigating agency added to its lack luster approached by not proposing and leading any evidence as regards the chemical composition of what is called a poisonous chemical and kerosene, recovered on the basis of disclosure statements of the accused person. The prosecution case fails and the accused persons Ravinder Singh alias Rocky and Harmeet Singh alias Sonu sons of Gopal Singh are acquitted with the direction that both the accused, who are in judicial custody, are released.
According to the police case the accused suspected that the deceased Kulbir Singh alias Bhola son of Jagat Singh had illicit relation with their mother so they asked him not to visit their house but he did not relent. Due to this ill-will, they connived with the accused Tirlok Singh, maternal uncle (who was acquitted on December 18, 2007). On august 14, 2002 when the mother of accused persons had gone to Punjab, accused Ravinder Singh called the deceased for night stay to his house and at 9.30 pm accused served country liquor to the deceased and administered a poisonous chemical in tea. At 12 mid-night deceased felt unconscious and thereafter all the three accused lifted the deceased and kept him in the street doused him with kerosene oil and set him ablaze to death. JNF |
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