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IO probing involvement of Jughal Kishore in murder case supports CBI probe
More trouble for BJP in J&K
11/21/2011 12:21:04 AM
Early Times Report
Jammu, Nov 20: After expelling six of its MLA from party fold over alleged cross voting scandal, BJP in Jammu and Kashmir seems to be in fresh trouble after the investigation officer probing murder case of Raj Singh against newly appointed leader of BJP Legislative party Jughal Kishore (MLA Nagrota) and his brothers supports CBI probe. In a petition filed by Dina Nath, the father of deceased contractor Raj Singh before the State High Court, while replying to the notice issued by the Justice JP Singh to State of Jammu and Kashmir through Commissioner Secretary Home, DGP J & K, IGP Jammu Division, DIG Jammu-Kuthwa Range, SSP Jammu and Additional SP Rural, SHO Police Station Jajjar Kotli and In charge Police Post Manwal, The Investigating Officer Rajesh Kumar Sharma (SP Rural Jammu) in his written affidavit before the Honorable High Court stated in Para 15 of the affidavit that if the Honorable Court deem fit the investigation of the case may be entrusted to CBI, the investigating agency has no objection in this regard. The Investigation Officer stated that during the course of case FIR No: 35/1995 U/S 307/447/34/RPC, 4/27 Arms Act, a challan was produced in the court of law on 26-08-1995 against Jughal Kishore, Nand Kishore and Ganesh Das (Munna) all sons of Sh. Bal Krishan R/o Kishanpur Manwal after they immerged as suspect on the basis of the statement of 69 witnesses recorded by the Investigating Officer U/S 161 CrPc. The Investigating Officer in his statement accepted that except Jughal Kishore, all other accused were questioned by the investigating Officer.
The petitioner in his petition stated that on March 30, 1999, the petitioner came to know at around 4 PM that the dead body of his son namely Raj Singh was lying near National Highway Road Bridge at Kishenpur, Jhajjar kotli police arrived at the spot and seized the dead body of his son and started inquest investigation u/s 174 CrPc and a case FIR No: 44/1999 were registered u/s 302 RPC . The petitioner alleged that his deceased son told the family members that Jughal Kishore and his brothers had threaten him that he (Raj Singh) should refrain from under taking the work of protection wall around the pillars of Railway Bridge at Kishenpur.
The Investigating Officer stated that due to lack of concrete evidence against the accused, the case was closed as untraced vide final report No: 04/06 dated 28/03/2006 (Ikhtitami) of the case was submitted to the Honorable Court of Municipal Magistrate Jammu. Investigating Officer in his affidavit further stated that after submitting the closer report of the case, Honorable Magistrate ordered for re-verification of the case by Senior Police Officer of the rank of Additional Superintendent of the Police and also directed the police to conduct the brain mapping, polygraph and Narco Analysis Test of the suspected persons namely Jughal Kishore, Nand Kishore and Ganish Kishore @Munna from appropriate Forensic Science Laboratory.
After getting the directions from the Magistrate, police take up the matter with the Director of Forensic Science Laboratory Gandhi Nagar Gujarat through Police Headquarter J&K Jammu. It was further submitted in the affidavit that for the grant of permission in respect of Jughal Kishore MLA Nagrota Constituency for conducting the Brain Mapping, Polygraph and Narco Analysis test was taken up by the police through proper channel with Honorable speaker J & K Assembly. The Investigating Officer in his affidavit said that the accused was presented before the Chief Judicial Magistrate Jammu for obtaining his consent for the said tests, but they refuse to give their consent before the Honorable Court of Law.
In reply to the contents of the para No: 28 of the petition, the investigating officer in his affidavit stated and agreed that the case was registered since 1999 and submitted that the process of conducting Brain mapping, polygraph and Narco analysis tests is going on with Directorate of Forensic Science Laboratory Gujarat, beside the process of permission from the secretariat was also established. It was further submitted that the Honorable court Order was also required for conducting the said test of all the suspects and the consent of the suspects is urgently required for conducting the said tests as per the latest ruling of the Honorable court.
The Investigating Officer also told the court that the investigation of the case is still going on with the view that the investigating agency has no objection for entrusting the investigation of the case to CBI as was prayed by the petitioner before the Honorable Court.
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