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| Court acquits accused directes DGP to conduct enquiry against SHO | | R S Pura murder case | | early times report
Jammu, Apr 25: In a rarest of the rare case where the Court took serious note against the Investigating Officer and directed the Director General of Police to conduct an enquiry into the conduct of the IO, who happened to be the SHO himself.
These observations have been passed by Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal in a judgment in which Court acquitted three accused namely Narayan Dass, Venketshwar alias Kala and Ashwani Kumar R/o Jinder Tehsil R.S. Pura who were facing trial in a case u/s 304/377/367/34 RPC as the prosecution evidence not connecting the accused with the commission of offence.
According to the police case that on November 24, 2006, the accused enticed the minor deceased, Suraj Kumar with a promise of giving him a toffee and took him away with them. They committed sodomy on him resulting into his death. His dead body was found in the field of one Thakur Dass. On the basis of this report, the police registered the case and commenced the investigation thereupon which finally culminated into the presentment of the present challan against the accused U/Ss 363/377/304/ 34 RPC.
While the acquitting the accused persons Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal took serious note of the conduct of then SHO P/S RS Pura who was also Investigating Officer of the case and observed that the material witnesses have turned hostile and have supported the prosecution story including the mother of the deceased. There is no nexus shown of the accused with the commission of offence. One aspect of the case is noticeable that the case has been investigated by the Investigating Officer, Kuldeep Khajuria, SHO, who has not been examined by the prosecution. The FIR came to be lodged directly U/Ss 377/304 RPC, whereas, the case U/Ss 377/302 RPC should have been registered against the accused. The Investigating Officer deliberately and intentionally in dereliction of his duties has conducted a false and frivolous investigation which requires the intervention and disciplinary proceedings against the said Investi-gating Officer, Kuldeep Khajuria. A copy of this judgment will be sent to the Director General of Police, J&K with the direction to conduct an inquiry into the conduct of the Investigating Officer, Kuldeep Khajuria, the then SHO, and R.S. Pura. He is further directed to share the outcome of the inquiry with this court. JNF |
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