Accused acquitted in death case
Excelsior Correspondent
JAMMU, Feb 5: The Court of the Principal Sessions Judge Anantnag Tahir khurshid Raina has acquitted three accused persons in a case relating to the death of a woman who suffered severe burn injuries in March 2021 holding that the prosecution failed to prove the guilt beyond reasonable doubt.
While delivering the verdict, the court also passed strictures against the Investigating Officer (IO) and made strong observations on the quality of investigation, remarking that such negligence results in criminal cases being effectively buried.
The case pertains to FIR No. 15/2021, Police Station Mattan initially registered under Section 309 IPC after police received information that Shahzada Bano, wife of accused Mushtaq Ahmad Lone had allegedly attempted to end her life by pouring kerosene and setting herself ablaze during the intervening night of 24/25 March 2021.
Later, offences under Sections 342/307 IPC were added and after her death on 01.04.2021, the case was converted into offences under Sections 302/342/498-A IPC.
During trial, the prosecution examined 14 witnesses. The court noted that the witnesses who rushed to the spot and shifted the victim to hospital stated that the deceased disclosed she had burnt herself following a quarrel. Importantly, the child witness (daughter of the deceased) also supported the version of suicide and categorically stated that her father and grandparents had no role in her mother’s burning.
The prosecution mainly relied upon the alleged dying declaration recorded at SMHS Srinagar. However, the court held that the dying declaration did not inspire confidence due to serious infirmities and procedural lapses. The judgment highlighted that the Investigating Officer neither recorded the dying declaration nor was present when it was stated to be recorded and the one who is referred to have recorded is not cited and produced as witness before the court.
More so, despite the fact that the deceased remained alive in hospital for four days during the course of her treatment, the Magistrate was not approached and called for recording the statement of the deceased for adding legal authenticity to this material evidence in the case .The court also observed that the necessary protocol for dying declaration was found to be emphatically flouted by the investigating officer.
The court also noted that neither the IO nor the SHO showed due regard for recording this “sterling piece of evidence” and accordingly what was in context of the dying declaration is described by the court as “wild goose chase”.
In unusually sharp remarks, the Sessions Court observed that this is how police investigating agencies end up burying criminal cases, and in the name of unfolding the crime and criminals, just shield them and finally throw a heap of papers in the court in the name of chargesheet. The court further noted that such lackadaisical approach of investigating officers has been recorded in a catena of cases and negligence has earlier been conveyed to higher police authorities to take action so as to send a deterrent message but the concern of the court has been given scant regard.
Accordingly, granting the benefit of doubt the accused was acquitted and ordered to be released if not required in any other case.
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