- Greater Kailash Murder case
STATE TIMES NEWS
JAMMU: In a much publicized Greater Kailash Murder case in which Avtar Singh was died, Principal Sessions Judge Jammu YP Bourney discharged Sharat Puri, Rajat Jandiyal and Raghunandan Singh alias Raghu on account of insufficiency of material against them and be released from the custody immediately forthwith.
Principal Sessions Judge Jammu YP Bourney framed charges against Parshotam Singh, Sheikh Mehmood IPS (retd), Sachin Patiyal, Ravinder Kumar Gupta alias Gola Shah, Davinder Pal Singh, Suraj Singh, Varun Kumar, Vikas Singh and Sandeep Charak with the commission of offences punishable under sections 120-B, 447, 427, 302, 307, 506, 147, 201 IPC.
While discharging the three and framing charges, Principal Sessions Judge YP Bourney after hearing PP Anil Magotra for the UT, observed that the involvement of other accused persons namely; Poonam Kumari, Jaipreet Singh @ Honey and Ghambir Singh against whom supplementary charge sheet has been filed but have not been arrested so far except accused Jaipreet Singh @ Honey Singh is also made out prima facie in the commission of aforesaid offences. The bail of Accused Jaipreet Singh @ Honey Singh who has been arrested but admitted to bail by the I.O for minor offences and now is in the judicial custody in some other case, is cancelled. Consequently, the said accused is ordered to be re-arrested and brought to trial along with other accused. Non-bailable warrants be issued against accused Poonam Kumari, and Ghambir Singh and SSP Jammu shall ensure their arrest by next date.
As a sequel to the observations made hereinabove and the prima facie view of the court, the accused who are ordered to be charged for the commission of the offences punishable under section 302, 120-B etc. IPC cannot be released on bail at this stage being involved in the commission of offence punishable with death or imprisonment for life. So, their bail applications stand dismissed accordingly and be made part of the record.
Court further observed that before parting, it needs to be brought on record that In-charge Police Post Greater Kailash namely PSI Puneet Sharma along with his team of officials is stated to be present on spot right from the moment the victim party arrived. But he took no action and allowed the accused persons to assemble on spot at the first place and paid no heed to the repeated requests of the victim party which ultimately resulted into the loss of a precious human life. Had this officer performed his official duty and intervened, the situation might have been altogether different. His conduct all along together with the clear allegations by the complainant party that he was hand in glove with the accused party, lead to one and only inference that he had taken side and was helping the accused party in pursuing their goal. But all these aspects have not been taken care of and investigated by the Investigating agency. So, it is expected and hoped that further investigation into all these aspects is carried out and concluded at the earliest.
Secondly, the accused persons are stated to be business associates and huge amounts have been received on account of the sales. Therefore, it was imperative to examine the mode of payments adopted and go to the trails of that money so as to find out the real beneficiaries. The investigating agency was further required to examine the ITRs of the persons involved but nothing of that sort has been done.
Rattan Dev Singh, who occupies the center stage in all these transactions, has been conveniently cited as witness by believing his cock and bull story. It is inferable from his statement that he has allowed all these benami transactions carried out in his name or he was also a business associate of the accused persons. But these aspects have also not been dealt adequately. Thirdly, the revenue officers/officials, who have issued the extracts of the record without visiting the spot have a crucial role in such crimes. A naked eye view of the Aks Tatimas attached to the sale deeds executed on 22nd April and 6th June 2019, in favour of Reva Gupta for 1 kanal and half marla, Ramesh Singh and Reva Sharma for 3 V marlas each respectively for the land sold out of the same survey number are remarkably different. The physical boundaries of these small portions vis-a-vis the surroundings thereof have also not been given and there is no mention of any road or public lane were existing in the vicinity. Most of the disputes like in the instant case also arise on account of these serious lacunas left out purposely to give a free hand to the landsharks to lay claim over any land. But these aspects have also not been gone into by the investigating agency.
Court further observed that the manner in which the charge sheet has been drafted and the documents are bundled together without proper arrangement, numbering and indexing and some of the papers have been repeated randomly amply reflect that investigation has not been given due seriousness. Such charge sheets increase the work of trial courts manyfold besides, reflecting upon professional capabilities of the investigating agency in heinous offences. In the circumstances, SSP Jammu is directed to look into and get the needful done at the earliest so that a free, fair and impartial trial is ensured.
