Excelsior Correspondent
JAMMU, June 4: In a rarest of rare case, Principal Sessions Judge Kathua M K Hanjura today ordered reinvestigation in a murder case by a team of new competent police officers.
According to the police case, on December 31, 2012 Sohan Singh, son of Sumander Singh attacked Sonu, son of Inder Singh with sickle leading to his death in the hospital.
During the investigation the statement of Inder Singh, the father of the deceased was recorded under Section 161 CrPC while as statement of Mohan Singh, brother of the deceased, was recorded under Section 164-A CrPC. On the completion of the investigation challan was presented in the court of law.
However, not satisfied with the investigation of the case the father of the deceased moved two applications on March 26, 2013 and March 29, 2013 for the reinvestigation of the case and for summoning the accused Virender Singh, Jaimal Singh and Angrez Singh, all sons of Samunder Singh and residents of W No 10 Kathua as they were also involved in the crime.
After hearing counsel for the parties, Principal Sessions Judge observed, “the investigation of the case has been sloppy. It has not been impartial. The investigating officer has gathered the evidence of alibi favouring the three accused who have been let off”.
“The stark reality at the ground level is that the crime of the poor and lower socio-economic classes is handled carelessly. The cases of rich and upper classes generally result in no official action and are handled by Inspectors and by administrative hands or commissions. Police, the main investigating agency, have a field day as long as they like in manipulating or in being manipulated in turn by cleverer criminals or the accused persons in manoeuvring or getting manoeuvred themselves in further complicating and obfuscating the crime cases so that justice is not only delayed but miscarriage of justice also takes place due to deliberate distortions and sloppy investigations”, the Court said.
“However, the investigation of the case appears to have been done in a casual manner. The law is that not only a fair trial but a fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Investigation must be fair, transparent and judicious as it is the requirement of law itself. Investigating agency cannot be permitted to conduct the investigation in a biased manner”, the court said.
“The statement of Inder Singh, who is also an eye witness, has not been recorded under Section 164-A CrPC for some ulterior motive. In the application Inder Singh has stated that his statement under Section 161 CrPC is not the true statement of facts recorded. He dittoed the version of Mohan Singh by implicating all the five accused in the comission of the crime”, Principal Sessions Judge observed.
Taking into consideration the facts and circumstances of the case, Principal Sessions Judge directed further investigation in the matter. “It shall be conducted with utmost dispatch by a new competent and upright officer nominated by the District SP and not the one who has investigated it earlier”, the Court said.
With these observations and directions, the court deferred proceedings in the case till the next date.
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