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| DB sets aside life imprisonment awarded by Trial Court; acquits accused | | ‘Directs state to institutionalize investigation, prosecution system’ | | EARLY TIMES REPORT
Jammu, Apr17- Allowing three criminal appeals filed by the convicts Sat Pal, Joginder Singh and Naresh Kumar alias Numbri against the judgment of the Trial Court dated June 30,2007 awarding life imprisonment to the accused for committing murder of one Jagattar Singh of Village Kothe Netar Barnai on May 19,1992, a Division Bench of J&K High Court Jammu comprising Justice JP Singh and Justice Sunil Hali ordered acquittal of the appellants with the direction that they shall be set-free forthwith if not required in any other case.
Taking serious view about the prosecution and investigation conducted in the case, the DB observed that majority of the criminal cases fail in the courts primarily because of improper investigation and requisite prosecution. Experience shows that because of the failure of the concerned agencies to monitor the investigation and prosecution of criminal cases, those responsible for inefficient investigation and prosecution, goes scot-free with out any accountability for failure to discharge their due functions and duties. Time and again the Courts have observing these failures and the observations of the courts do not; however, appear to have awakened the concerned state functionaries responsible for maintaining rule of law in achieving the constitutional goal perceived for a welfare state. Efficient and scientific investigation, followed by vigorous prosecution of those found involved in the disturbance of rule of law, is the ‘Hall Mark’ of criminal justice dispensation system. The state is, therefore, required to institutionalize the investigation and prosecution system so that criminal justice system delivers to the masses what has been contemplated by the Constitution makers. With the observations DB directed State through its Chief Secretary to report to this Court within a period of six months, the steps which it intends to take, ensure that meaningful investigation and prosecution of the criminal cases is carried out so as to advance the cause of criminal justice dispensation system.
In the approved for reporting judgment written by Justice JP Singh for the Division Bench after hearing Advocates Surinder Kour, Raghu Mehta and KS Chib appearing for the appellants and Additional Advocate General PC Sharma appearing for the State, further observed that Naresh Kumari the wife of the deceased Jagattar Singh who is stated to be an eye-witness to the whole occurrence, but due to her contradictory statements about identifying the applicants on spot on the day of occurrence, it becomes difficult to accept her statement, as such, in the absence of any test identification parade conducted by the Investigating Agency when the assailants had not been named in the FIR lodged immediately after the occurrence. The names of the assailants had not appeared anywhere in the police record from May 19, 1992 to May 25, 1992 renders it highly unsafe to place reliance thereon as to the identification of the assailants by her at the time of the occurrence. The father of the deceased who was also injured in the incident too has categorically stated that he was told by Suraj Singh about Krishan Dutt and his son as assailants because he could not identify rest of the accused at the time of occurrence. His evidence too thus does not prove anything incriminating against the appellants hinting at their participation in occurrence. DB observed that Trial Court to have erred in holding that there was enough evidence on record indicating the involvement of appellants in conspiracy and consequent murder of Jagattar Singh. Evidence of Naresh Kumari and other witnesses who had identified the applicants first time after the occurrence in Court is thus valueless and cannot be relied upon to prove the appellants as assailants. The conviction recorded by the Trial Court against three appellants cannot be sustained and appellants are acquitted. JNF
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