Excelsior Correspondent
JAMMU, Sept 17: Principal Sessions Judge Kathua, M K Hanjura today set-aside the sentence awarded by the Trial Court and directed SSP Kathua for initiating proceedings against Investigating Officer.
According to the police case, on June 9, 2003, a video-coach bus and a car collided in Kathua district in which three persons including R K Magotra, the then Principal District and Sessions Judge, Kathua were killed and 20 others sustained injuries. Accordingly, a case was registered and after completion of investigation challan was presented in the court of law.
On January 28, 2012, District Mobile Magistrate awarded 2 years imprisonment and fine of Rs 5000 to Ritesh Kumar alias Bitu, driver of video coach bus under Section 304-A RPC. The Court also awarded sentence of one year and fine of Rs 1000 under Section 338 RPC and 6 months imprisonment each under Sections 337 and 279 RPC. However, against his conviction, bus driver filed present appeal.
After hearing Advocate Yash Pal Sharma for the appellant whereas Public Prosecutor Ravi Kumar Gupta for State, Principal Sessions Judge Kathua, M K Hanjura observed, “the counsel for the accused submitted that the accused was never identified during the trial. The law cited in defense has been completely ignored which has caused pre-judice to the accused and there are other grounds also. He has not been identified to be the person who was driving the vehicle”.
While setting-aside the conviction of the appellant, Principal Sessions Judge observed, “links of appellant have not been connected with the crime. He has not been identified to be the person who was driving the vehicle”.
Taking serious note of the investigation in the case, Principal Sessions Judge observed, “investigation of the case has been conducted in a cursory manner. The Magistrate had also held so. The Investigating Officer has not been examined despite a long wait. The Investigating Officer of this case appears to have done his job perfunctorily. He connived with the witnesses by deliberately giving their incorrect addresses. This requires a thorough probe”.
With these observations, the Court asked the SSP Kathua for initiating appropriate proceedings against him.
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