Unhappy with the misleading probe carried out by an investigation officer in a murder case, the Gujarat High Court has asked a trial court to ascertain whether the officer of the rank of superintendent of police (SP) has tried to save the real culprits of the crime by substituting them with others. The high court has also directed the trial court to initiate action against him as per law, if the same is found true.
The court also severely criticised the officer for his lack of knowledge about evidences and ignoring the dying declaration of the victim based on which the latter's father registered the FIR clearly naming and describing the attack on his son by the three accused—Rohit, Shantilal, and Pruthvi. It also criticised the fact that the investigator had stated "lack of circumstantial evidence" against the three accused in the chargesheet, despite the dying declaration constituting a direct evidence leaving no scope for the accused to be nomenclated "innocents".
As per the case details, the victim—Ritesh Naliya—was assaulted by the three accused in the intervening night of June 17 and 18. An FIR was registered in Ahmedabad's Gomtipur police station by the victim's father as per the statement given by his son before his death in the afternoon of June 18. The name of the accused—Rohit—was also mentioned by the victim as the assailant in the medical papers as well.
However, as the investigation progressed, somehow, the statement of one Mukesh followed by the statement of the complainant-father substituting those who were named in the FIR with others came to be recorded. The complainant had stated in an affidavit that the persons named in the FIR were not the assailants of his son, but their names were given inadvertently since he could not clearly gather the statement of his son.
This claim was outrightly rejected by the high court which said the dying declaration of the victim was clear enough to point out not just the assailants but also the weapons used by them and how the attack was carried out.
"Despite such clear statement and the FIR containing the dying declaration of the deceased, the investigator ventured to make a statement in the chargesheet that the persons named in the FIR are not the assailants of the deceased. The investigator has recorded the statement of the relatives of Rohit, whose name has been reiterated by the deceased in the medical case papers, to show the alibi pleaded by them for saving Rohit," the court said.
The bench also granted bail to one of the accused who had approached the court remarking that his involvement in the case seems to be doubtful and there is a strong possibility of him being substituted as offender in place of the real culprits.