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Monday, March 30, 2020

Acquittal of five persons in Panchkula realtor murder case: Prosecution ‘miserably’ failed to prove case, says court

The Court observed that apart from the Narco-test of two accused, the police could not find any circumstantial and scientific evidence in the case.

Written by Jagdeep Singh Deep | Mohali | Updated: February 18, 2020 11:25:58 am
Acquittal of five persons in Panchkula realtor murder case: Prosecution ‘miserably’ failed to prove case, says court On the grounds of lack of concrete evidence owing to lax police investigation, five persons tried in the murder case of Panchkula realtor Suresh Kumar were acquitted by the Court. (Representational Image)

On the grounds of lack of concrete evidence owing to lax police investigation, five persons tried in the murder case of 26-year-old Panchkula realtor Suresh Kumar were acquitted by the Court last week.

The Court observed that apart from the Narco-test of two accused, the police could not find any circumstantial and scientific evidence in the case. The Court said that the prosecution had ‘miserably’ failed to prove the accusations.

The judgement pronounced by Additional Districts and Sessions Judge (ADSJ) Monika Goyal said that the investigating agency had not made any effort to find whether contract killers were hired to eliminate Suresh Kumar.

The Court said that no efforts were made to retrieve evidence on whether contract killers had eliminated Suresh Kumar and no efforts were made to trace Mohna Baba. Moreover, no efforts were made to trace the scattered glasses of the car to ascertain if Suresh Kumar was first assaulted and then taken to the Baddi-Siswan road to burn him in his car.

Thus, apart from the results of Narco test, no other corroborative evidence was brought on record by the prosecution.

The Court observed that the Narco test results only led to a suspicion that the accused were involved in the crime, however, did not prove the case of prosecution beyond reasonable doubt.

The Court further observed that no Brain Mapping and Polygraph test of accused Gurwinder Singh, Harjinder Singh and Kamal Kumar were conducted. The prosecution had failed to trace the call details and the travel routes from Suresh’s mobile phone.

The police had not inquired about his friends with whom he had gone to watch a movie on the night of his death.

Thus, there were no evidences on record which raised fingers towards the accused, apart from the results of the Polygraph and Brain Electrical Oscillation Signature Profiling (BEOS) test, which were inconclusive.

The Court said that only on the basis of suspicion, the accused cannot be convicted in the case, hence, by giving a benefit of doubt, all the accused were acquitted of the charges framed against them.

The Court concluded that in the entirety of the evidences, the prosecution had miserably failed to prove on record through any evidence at all, except the oral statements of the prosecution witness 1 and prosecution witness 2.

Observing the details of the calls made by Raj Kumar, who was acquitted in the case, the Court said that if call details of accused Raj Kumar were also taken as true, even then, only because Raj Kumar was communicating with Gurwinder Singh, Kamal Kumar, Harjinder singh and Chand Mohammad on November 26, 2010, it does not lead to a conclusive proof that they had conspired to kill Suresh Kumar.

Moreover, no record was brought forth to establish that the said phones belonged to the accused. There is nothing on record that the locations of these mobile numbers correspond with the location of the deceased at the time of incident. The police had failed to investigate and find the facts as disclosed by accused Raj Kumar and Mohinder Pal during their BEOS tests.

Victim Suresh Kumar’s charred body was found in his Maruti Swift car on Siswan-Baddi road on November 27, 2010. Suresh’s family had alleged that he was murdered and the police had booked Mohinder Pal, Raj Kumar, Gurwinder Singh, Harjinder Singh and Kamal Kumar in the case in 2015. A Special Investigation Team (SIT) was also set up to carry out the investigation.

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