Expresses concern over faulty investigation
Excelsior Correspondent
JAMMU, Oct 9: Additional Sessions Judge Baramulla Amarjeet Singh Langeh today discharged the accused in attempt to murder case and directed that copy of the order be sent to Director General of Police (DGP) for appropriate action in connection with faulty and unprofessional investigation.
According to the police case, on 06.05.2021, one Zaffar Ahmad Tramboo lodged a written complaint with Police Station Kreeri alleging therein that accused Abdul Majeed Ganie attacked him with stones with intention to kill him and also harassed his employees, who were busy working near his factory gate.
Based on this complaint, FIR No. 39/2021 for offences under Sections 336, 506 & 307 IPC was registered and investigation started. On the conclusion of investigation, challan was presented against the accused.
After hearing both the sides, the court observed, “the record demonstrates that complainant has not received even a simple injury leave alone the one which could have threatened his life. Furthermore, nothing indicates in the investigation as to what triggered accused to take alleged recourse to stone pelting. There is, thus – neither the intent nor an overt act on the part of accused in execution of alleged act of assault on complainant”, adding “once there is no bodily injury capable of causing death received by injured, I am afraid, accused cannot be charged to face trial for an offence under Section 307 IPC”.
“The memo in respect of alleged seizure of five stones used in the occurrence does not contain the names and particulars of witnesses -only highlights the brazen and utterly casual manner in which investigation in the case has been conducted. Allegations with regard to hurling of threats alluded to accused are only vague and groundless – as suggested by investigation”, the court said, adding “in other words, there are no grounds to proceed ahead with the trial of offences alleged against the accused, for – the material collected during investigation does not prima facie carve out offences under Sections 336, 506 & 307 IPC against accused”.
“What is chilling to note is that investigation in the case has been conducted in a very unprofessional, casual and tainted manner which only gives an impression that a case has been sought to be built, sans evidence, against accused. Moreover, the place of occurrence shown in the site plan also does not match with the allegations in the complaint based on which FIR was registered”, the court said.
The court observed, ” there is no material available on record to frame charges against accused as such he is accordingly discharged and challan is dismissed”.
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