The Delhi Police Commissioner has been directed by a court here to take action against its official for conducting a "sham investigation" and not probing "hate crime" or "honour killing" angle in a murder case in which five men have been acquitted.
Additional Sessions Judge Kamini Lau said there was no direct or last seen evidence against Delhi residents Rajesh, Priyavrat, Pawan Pandit and Sanjay Rathi nor any other proof to indicate and confirm any conspiracy or their involvement in the killing of 25-year-old Kuldeep.
While acquitting the fifth accused Ram Roop, the court said two views were possible, one of which heavily favoured him and demolished the entire prosecution case. "The electronic evidence nails the lies of investigating agency and the investigating officer (IO) has not bothered to investigate this hate crime and the aspect of honour killing of the deceased and the involvement of the persons of the village with whom there was a dispute with the deceased in the morning when a call was made to the police," the court said. "In view of the lapses and wrongs of the IO as highlighted ...,I hereby direct that a copy of this order be placed before the Commissioner of Police, Delhi and GNCT of Delhi (Home Department) through the Director of Prosecution, Delhi for information and appropriate action in accordance with law, in terms of the directions of the Supreme Court...," the judge said.
According to the prosecution, all the five accused had conspired and murdered Kuldeep on February 10, 2012 by firing at him near a field at Qutubgarh-Sohti Road here. The body of Kuldeep, a resident of village Auchandi here, was found near a poultry farm and nine empty cartridges were recovered. The court noted that from other record and testimony of Kuldeep's mother,"it became clear that he was into an intimate affair with a girl of different community of the same village and a couple of days prior to the incident, the girl had stayed overnight with the victim due to which there was large- scale resentment and outrage in the village and even an altercation had taken place on the morning of the incident."
The court said there was a possibility that prior to his murder, the victim, after leaving his home with Roop on the day of the incident, was involved in a quarrel with certain persons of the village who were agitated by the affair.
It also noted that Roop had informed the police and he had also tried to rescue Kuldeep. The court said it was strange that the IO did not match the bullets from the body of the deceased with the firearms recovered from the accused. "The possibility of this being done deliberately cannot be ruled out because had this been done, it could have exposed the sham investigations conducted by the IO and his attempts to divert, side-track and switch over the investigations of the crime by directing it upon accused Ram Roop, Rajesh, Priyavarat, Pawan Pandit and Sanjay Rathi," it said.
"I may observe that the spot of the incident is an isolated road and on the way finding an opportune time when Kuldeep and accused Roop were spotted at Gutubgarh-Sohti Road, the unknown assailants came and shot Kuldeep from a point blank range thereby killing him on the spot itself. "It was Roop who desperately made calls at 100 number, emergency services and family members of the deceased and also remained at the spot, a fact which finds due corroboration and confirmation from the PCR form...," the judge said.
It also noted that the manner in which the repeated firing leading to Kuldeep's death is reflective of and confirmed the "extreme sense of hatred, indignation and vengeance which the assailants had entertained for the deceased".