Excelsior Correspondent
JAMMU, Sept 5: In the much publicized murder of Sahil Khajuria, son of Dr Bhupesh Khajuria, 2nd Additional Sessions Judge Jammu Virender Singh Bhou has convicted four accused namely Kunwarpal Singh, Koushal Singh, Shubinder Singh and Gagandeep Singh for culpable homicide not amounting to murder. Moreover, Kunwarpal Singh and Koushal Singh have also been convicted under Arms Act.
“This court cannot resist from reflecting upon the very disturbing aspect of the case—the manner and intent with which the investigation in the case has been conducted by Mohd Rafiq, the then SHO Police Station Channi Himmat”, 2nd Additional Sessions Judge said.
“This court has no hesitation to mention that Mohd Rafiq was conducting so-called investigation with an intent not only to create and leave gaps in the factual connectivity of the investigation so as to be evidently apparent to be exploited by the accused persons in their defence to cause prejudice to the truth of the case but also to plant tutored evidence in the form of witness Tarun Sudan so as to run counter to the testimony of the two actual eye witnesses of the case Paras Sharma & Neel Mani Sharma”, Judge said.
“Vital aspects of the investigation which would have strengthened the case right from the very inception have been left aside by the IO Mohd Rafiq”, the court said, adding “he took the investigation as a matter of just compilation of routine set of papers in the name of a Challan to be dumped before a criminal court for it to struggle with the case as a puzzle”.
The court directed that this part of the judgment shall be placed before the Director General of Police not only in relation to the appraisal of the performance of police officer in terms of his ACR but also to see and take effective steps to ensure that every investigation in a serious crime is subjected to full scrutiny of the superior police officers of the concerned District Police Administration.
“The Police Rules to this effect are there to ensure the role of the superior police officers viz a viz investigation part of the Police Station but it is a matter of activating the Rules to serve the ultimate cause of criminal administration of justice. It is not very often that a criminal court, while dealing with a criminal case on original side, ventures to register its anguish for the poor, shady and shoddy investigation but, it is, only when a case of the present kind comes across that this court cannot fail in its duty to put an aloud reminder to be taken serious notice by all the concerned including the higher authorities of the Police establishment”, the Judge said.
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