Delhi court docket acquits 5 males accused in 2010 homicide case

Extra Classes Choose Pankaj Arora was listening to a case in opposition to 5 males in opposition to whom the Sonia Vihar police station had registered a case beneath the penal provisions of homicide, kidnapping and destruction of proof.

The prosecution alleged that the accused individuals kidnapped and killed the sufferer, Kamal Singh, by inflicting iron rod blows and fist blows on him on July 12, 2010.

In its verdict dated February 28, the court docket famous that based on the autopsy report, the sufferer had 76 harm marks, and to show its case, the prosecution supplied direct testimonies of three eyewitnesses together with circumstantial proof.

Throughout cross-examination, the court docket stated the primary eyewitness admitted that he didn’t see the incident, whereas the remaining two witnesses didn’t establish the 5 accused individuals.

Concerning circumstantial proof, the court docket stated there have been grave doubts relating to the recoveries made by the police, together with a automotive, an iron rod and the deceased’s pockets and slippers.

“All of the recoveries have been effected from open place, but no efforts have been made to affix any impartial witness. No {photograph} of the locations from the place the recoveries have been effected has been positioned on document, and no day by day diary entries relating to the departure and arrival of police officers from the police station on the time of effecting the recoveries have been positioned on document,” the court docket stated.

It additionally termed the timing and order of the recoveries uncertain.

The court docket additional underlined “a severe lapse” within the investigation for not sending the sufferer’s slippers, the iron rod, and the automotive for forensic evaluation to find out whether or not they had blood stains on them.

“No efforts have been made by the investigating company to raise the fingerprints from the knife recovered alongside the physique of the deceased,” the court docket stated.

Trashing the prosecution’s declare that blood from the spot was washed by the accused individuals, the court docket stated no efforts have been made to raise soil from the spot.

“For the reason that restoration of incriminating articles is uncertain, the next opinion of the post-mortem surgeon whereby it has been opined that the recovered iron rod was utilized in inflicting accidents upon the deceased, which is a corroborative piece of proof, loses its significance,” it stated.

Stating that the prosecution didn’t show its case past an affordable doubt, the court docket acquitted the accused individuals Bachchan Nagar, Umesh Kumar, Yogesh, Parvinder and Praveen Nagar of all fees.

“A duplicate of this judgment be despatched to the commissioner of police for info relating to severe lapses in investigation of the current case famous herein-above and needed motion,” the court docket stated.

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