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| Accused left out in murder case | | SSP Jammu to hold enquiry against IO | | Early Times Report
Jammu, May 18: The court of second additional sessions judge, Jammu today passed a direction of far reaching consequences on the conduct and performance of investigation agencies while perusing a murder case. The court took the police to task for leaving out an accused without any reason. The court further directed the concerned senior superintendent of police (SSP) to hold an enquiry against the investigating officer.
The learned judge, Vinod Chatterji Koul directed SSP Jammu that to hold an enquiry against the investigating officer as far as involvement of accused Mohd Hussain in the murder case that came up for hearing today, was concerned. The concerned police station was also directed to hold further investigation and submit a report within 10 days from today.
One Yunus Ahmad lodged a complaint stating that Alam Din and Mohd Shaffi sons of Noor Jamwal and an accomplice killed his brother Mubark Din with an axe and darati.
Taking cognizance of the complaint, a case under section 302/34 RPC was registered.
Soon after investigation was held and statements of eyewitnesses Surya Bibi wife of deceased, Mussa and Attar Hussian was recorded u/s 164-A Cr.P.C.
Surya Bibi in her statement recorded before the Magistrate u/s 164-A Cr.P.C stated that her husband was assaulted by Mohd Shaffi, Pottu and Mohd Hussian. Accused Pottu was carrying 'darati' whereas Mohd Shaffi was armed with axe and Mohd Hussian was also armed with some weapon and during the said assault her husband suffered injuries and was taken to hospital where he died.
Additional Public Prosecutor (APP) Vijay Sharma appearing for the state submitted that there was sufficient evidence against said accused collected during investigation but his part played by him and his involvement has not been investigated properly by the police and they have left him without any reason notwithstanding the statement of the eyewitnesses.
The court held that the investigating officer had left one of the accused without any reason and his conduct in the investigation requires to be inquired by the Department. "Similarly, the conduct of officer, under whose direction this challan has been presented also requires to be inquired into by his Superior Office., SSP Jammu shall conduct inquiry in the matter, So far as, involvement of accused Mohd Hussian is concerned, concerned police station shall conduct further investigation and shall file its report within 10 days from today, before the competent court." --(JNF)
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