Court asks Crime Branch to reinvestigate case
Bandipora, Dec 28: Chief Judicial Magistrate Bandipora on Monday ordered the Crime Branch of Jammu and Kashmir Police to reinvestigate murder case of a BEACON laborer. The labourer Ghulam Ahmed Ganie son of Ghulam Rasool Gaine of Nowgam Pethkoot (No. 1106) and father of five daughters was allegedly lynched by the officials of Forest Department on December 3 2008, when he along with his other colleagues was working near Pethkoot area in this north Kashmir district.
Major R K Rohaker, Officer Commanding 56 Road Construction Company (GREF) had filed a complaint against the 13 Forest officials at Police Station Bandipora on December 4, 2008. Police had registered a case under FIR No. 221/2008 U/S 148,149,302/109 RPC.
“Work at the stone crusher of GREF was on when a light vehicle and a platform truck of the Forest Department reached there and the Forest Officials, including range officers, foresters and forest guards snatched tools from the labourers,” the complaint stated.
“Range officers kicked a labourer Manzoor Ahmad Ganie and Wali Muhammad. A Forester thrashed them mercilessly. Ganie later died in the hospital,” the complaint added.
Earlier on the basis of the statements of several witnesses the investigating officer came with the prima facie finding that death was “accidental.”
“Apprehension expressed by the petitioners that the investigation was not carried out fairly and properly is not without substance. Ghulam Ahmed Ganie was lynched on December 3, 2008 and till not much headway has been made by the investigating agency to come to a definite conclusion,” the court observed.
“We are of the opinion the apprehension expressed by the petitioner are not baseless. All these aspects are required to be thoroughly reinvestigated to find out the truth,” the court added.
In his order Chief Judicial Magistrate J P Singh said after going through the records and the submission for closing the case, he noticed that the investigating agency (Police) had “mishandled the case” and has only recorded the statements of witnesses and had tried to conclude the case. “The investigating agency has done mere recording of statements. It appears that defective investigation was carried out to conclude the case, and the further detailed investigation is necessary,” Justice Singh observed.
He ordered reinvestigation in the case and directed that a copy of the order be sent to the SSP crime Kashmir for information, to proceed on the case.
Lastupdate on : Wed, 28 Dec 2011 21:30:00 Makkah time
Lastupdate on : Wed, 28 Dec 2011 18:30:00 GMT
Lastupdate on : Thu, 29 Dec 2011 00:00:00 IST
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