Excelsior Correspondent
JAMMU, Sept 1: Principal Sessions Judge Jammu, Kartar Singh has acquitted Rajesh Kumar alias Bittu and Surinder Kumar alias Pappu, sons of Puran Chand of the murder charges and passed strictures against Investigating Officer, the then SHO and Public Prosecutor.
After hearing Public Prosecutor Choudhary Shabir for the State whereas Advocate Vishal Kapur for the accused persons, Principal Sessions Judge took serious note of the functioning of the then Investigating Officer ASI Mohan, Public Prosecutor and the then SHO Kuldeep Khajuria.
The court observed, “the criminal silence on the part of the PP and ASI Mohan Lal speaks volumes that both these material pieces of evidence have not been intentionally brought on the record by them in order to give benefit to the accused”.
“How these material facts on which the foundation of the prosecution case was built, have been ignored is not understandable. The FIR alleged to have been registered by the then SHO Kuldeep Khajuria is also based on the statement of the deceased but it has not been proved by the prosecution”, the court said, adding “this is sheer negligence on the part of ASI Mohan Lal, the then SHO Kuldeep Khajuria and the PP, which is quite reprehensible”.
“The prosecutor who does not act fairly and acts more like a counsel for defence is a liability to the fair judicial system. The public prosecutors are generally appointed on political considerations and they are accountable to none and the casualty is criminal justice system in Sessions Court where serious and important case are tried and any lapse can result is great miscarriage of justice”, Principal Sessions Judge said.
“The conclusion is apparent that the prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt”, the court said while acquitting the accused of the charges framed against them.
“A copy of this judgment be sent to Director General Police for his information and necessary action which shall be conveyed to the court”, Principal Sessions Judge said.
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