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| Amandeep Murder case | | Court frames charges against all accused | | EARLY TIMES REPORT
JAMMU, December: 06 (JNF):- The second Additional Sessions Judge Jammu Vinod Chatterji Koul today framed charges against all the accused in much publicized Amandeep Murder case.
A Case FIR No.247/21010 under section 307/34, 323 RPC and 3/25 Arms Act was registered, pursuant to information having been received in P/S Gandhi Nagar, Jammu. The Investigation was entrusted to Satnam Singh, who conducted initial investigation. The deceased was in a critical condition so his statement could not be recorded and in the meantime Jatinder Singh alias Raja got arrested and the vehicle was recovered, which was allegedly used by accused during the commission of the crime and on the disclosure of Jatinder Singh the weapon of offence used by him was also recovered from his office, which was accordingly seized. The injured Amandeep was in the meantime shifted to Ganga Ram hospital, Delhi where he succumbed to the injuries on August 30, 2009 as a consequence the offence u/s 307 RPC got replaced by 302 RPC. The weapon of offence along with two live cartridges and an empty one, were got resealed through a Magistrate and sent to FSL, Jammu. Royal Singh was also arrested from Gujarat and the weapon of offence possessed by him was recovered on his disclosure along with three live cartridges.
The investigation of the case was entrusted to S.P. City South and a Special Investigation Team (SIT) was constituted. Thorough investigation led to an interesting aspect of the case and it was believed that the weapon of offence was swapped sometime during investigation. So, the SIT widened the scope of investigation to ascertain as to when and who fudged the weapon and the bullet recovered from the body of the deceased and it came to the fore that some police officials in collusion with an officer of Forensic Science Lab and Others, swapped the weapon of offence and bullet used, to insulate the principal offender(s). Original weapon used in commission of crime was replaced by non functional rusted weapon and huge exchange money was found to have taken place to manage all this mess. The resultant effect of this revelation read together with other evidence led the I.O. to conclude that accused Manohar Singh then SSP, Suntan Mehmood Mirza then SHO Gandhi Nagar, Satnam Singh Sub-Inspector, Sarwar Hussain Bukhari Ballastic Expert FSL Jammu, Raj Singh constable attached with FSL, Nagar Singh alias Nago, Jagar Singh and Choudhary Rakesh Singh and one Ashok Kumar declared absconder are particeps criminis with other accused and the investigation ultimately culminated in this charge sheet.
While framing charge the court after hearing both the sides observed that to appreciate whether there is a ground for proceeding ahead with the trial against the accused or not facts need to be recapitulated briefly. It is alleged that on August 29, 2009 at about 5.30 PM, accused Jatinder Singh and Royal Singh, armed with country made Katta and a country made pistol respectively, approached deceased when he was in side his house. Accused Jatinder Singh shot him with his country made Katta in his abdomen as a result of which he fell down and the accused Jatinder Singh and Royal Singh fled away from the scene of occurrence. Being critically injured Amandeep was shifted to hospital where he disclosed to his brother and mother that he had received death threats from accused and further observed that the Special Public Prosecutor while referring to the report of investigation, the material collected during investigation and the statements of witnesses submitted that the allegations against the accused have been established during the investigation and evidence collected during the investigation is sufficient to prove the offences established against the accused in the investigation. Special PP further argued that accused Jatinder Singh and Royal Singh have in furtherance of common intention committed the offence punishable u/s 302 r/w 34 RPC and they have also committed offence punishable u/s 3/25/27 Arms Act. About accused Manohar Singh then SSP, Suntan Mehmood Mirza then SHO Gandhi Nagar, Satnam Singh Sub-Inspector, Sarwar Hussain Bukhari Ballastic Expert FSL Jammu, Raj Singh constable attached with FSL, Nagar Singh alias Nago, Jagar Singh and Choudhary Rakesh Singh and further submitted that they hatched criminal conspiracy and in furtherance of that criminal conspiracy in order to save accused Jatinder Singh from the legal punishment replaced the weapon of offence used by accused Jatinder Singh in the occurrence. Accused Sarver Hussain Bukhari removed the bullet, which was recovered from the body of the deceased, but was later on restored due to intervention of Deputy Director, FSL. The accused thus, committed offence of criminal breach of trust as defined under-section 405 RPC and as Manohar Singh then SSP, Suntan Mehmood Mirza then SHO Gandhi Nagar, Satnam Singh Sub-Inspector, Sarwar Hussain Bukhari Ballistic Expert FSL Jammu, Raj Singh constable attached with FSL, are all Public Servants, as such, the offence of criminal breach of trust committed by them is punishable under-section 409 RPC. Accused Choudhary Nagar Singh, Choudhary Jagar Singh and Choudhary Rakesh Singh were party to criminal conspiracy for the commission of offence of criminal breach of trust and thus, they are liable to punishment u/s 409/120-B RPC and as they have arranged rusted and non-functional Katta and took back the weapon of offence, they also committed offence punishable u/s 3/25 Arms Act. It is thus argued by Spl. PP that accused are required to be charged for offence 409 /120-B RPC and 3/25 Arms Act. He has submitted there is sufficient evidence collected by the Investigation agency to prove the said charges.
Court further observed that to charge a person for criminal breach of trust what is to be seen at the stage of charge is whether there is evidence to show that the person said to have committed criminal breach of trust had dominion over property entrusted and has dishonestly mis-appropriated the property or such person dishonestly used or disposed of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged. As per prosecution accused Manohar Singh, Satnam Singh, Sultan Mirza and S.H. Bukhari committed criminal breach of trust for which criminal conspiracy was hatched between accused Manohar Singh then SSP, Suntan Mehmood Mirza then SHO Gandhi Nagar, Satnam Singh Sub-Inspector, Sarwar Hussain Bukhari Ballastic Expert FSL Jammu, Raj Singh constable attached with FSL, Nagar Singh alias Nago, Jagar Singh and Choudhary Rakesh Singh, accused Manohar Singh, Sultan Mirza and Satnam Singh are said to have committed said offence in respect of “Katta” whereas Sh. Bukhari in connivance with Raj Singh while in pursuance of criminal conspiracy with accused in respect of bullet which was recovered from the body of deceased.
Court further observed that Weapon of offence seized was the case property which was to be preserved as same was to be produced as evidence. SHO Sultan Mirza being the Incharge of the P/s Gandhi Nagar had control over the same, Satnam Singh had seized the weapon and was also I.O. had also control over the same and Manohar Singh was Distt. SSP had over all control over all of the P/Ss in the District and without their authority weapon could not have been taken out of the Malkhana, which shows that all of them had control over the same; as such the first ingredient having control is Prima facie established. Similarly the bullet which was recovered from the body of deceased was sent to FSL, the bullet while in FSL was entrusted to and was under control S.H. Bukhari who was the Ballistic expert and was to examine the same. Accused Raj Singh police constable is shown to have been in touch with accused who had hatched criminal conspiracy to destroy the weapon as well as the bullet and replace the same by rusted Katta and bullet, which in pursuance of criminal conspiracy was done by the accused Manohar Singh, Sultan Mirza and Satnam Singh and Sarwar Hussain Bukhari who were Public Servant.
At the Stage of framing charge, the court further observed that the record read cumulatively reveals that after commission of ghastly crime by accused Jatinder Singh and Royal Singh the other accused joined them to subvert the process of law and entered into a criminal conspiracy to insulate the offender(s) and in furtherance of that conspiracy the weapon was swapped and non-functional weapon was substituted and the public servants received illegal gratification to favour the accused. On a conjoint reading of oral as well as documentary evidence in the light of facts, Court find sufficient grounds for framing the charges against the accused.
Court framed charges against Jatinder Singh alias Raja and Royal Singh U/S302/34 RPC r/w section 3/25/27 Arms Act whereas accused Manohar Singh then SSP, Suntan Mehmood Mirza then SHO Gandhi Nagar, Satnam Singh Sub-Inspector, Sarwar Hussain Bukhari Ballastic Expert FSL Jammu, Raj Singh constable, Choduhary Nagar Singh and Choudhary Rakesh Singh have committed offences punishable under-section 409/120-B r/w section 3/25 Arms Act whereas against Choudhary Jagar Singh Charged u/s 409/120-B RPC and directed the prosecution to produce evidence as per the calander fixed for the hearing the case.
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