RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) ONE Amandeep Singh was fired upon by Jatinder Singh on 29th of Aug'09, in his home at Shastri Nagar, Jammu. Jatinder Singh at that point of time was accompanied by one Royal Singh. As a result of the said firing, Amandeep Singh, who was firstly admitted in Government Medical College, Hospital, Jammu, and later shifted to Sir Ganga Ram Hospital, Delhi, died on 30th of Aug'09. An FIR No. 247/09, came to be registered in police station Gandhi Nagar, Jammu, under Sections 307, 323, 34 IPC and 3/25 of the Arms Act. However, after the death of deceased Amandeep Singh, the offence was changed from 307 to 302. The alleged weapon which was used in the commission of crime was said to be a Dessi pistol (Katta). Accused Jatinder Singh was arrested on 30th of Aug'09, whereas the coaccused namely Royal Singh was arrested from Ahmedabad on 3rd of Sept' 09. On the disclosure statement made by accused Jatinder Singh, the weapon of offence was recovered from the floor mill owned by his father. The same was seized along with two live cartridge and one spent cartridge 3.15. After the postmortem was conducted and the bullet was recovered from the body of the deceased, the same was sealed and sent to the FSL for report.

(2.) DURING the course of investigation, it was revealed that the weapon of offence used was exchanged by another Dessi pistol (Katta), which was in rusted condition. On this revelation, S/Sh Manohar Senior Superintendent of Police, Mumtaz Ahmed, SP City South, Jammu, Jaswant Sihgh Katoch, SDPO South, Sultan Mirza, SHO, Satnam Singh, SI and Talib Hussain, Head Constable, were placed under suspension. It was stated that they were instrumental in fudging the evidence by replacing the weapon of offence used in the crime. As the members of the Special Investigation Team earlier constituted for the purpose of investigating into the matter were suspended, a new SIT was constituted on 19th of Sept' 09, with Sh. Mubasir Latifi, Superintendent of Police as its Incharge and Dy. S.P. Mohd Rouf Lone as one of its member. During the course of investigation by the new SIT, it was revealed that money was used by the petitioners to effect fudging of the evidence by the police officials. It is this link in the case which involves the present petitioners. Petitioner No. 2 is the father of accused Jatinder Singh and petitioner Nos. 1 and 3 are his uncles. The resultant effect of the revelation is that the police officers involved in the alleged fudging of evidence have been arrested and as per the statement made at the bar, they continue to remain in judicial custody. Threatened by the said allegation, the present petitioners moved an application for grant of bail in anticipation of arrest before the learned 2nd Additional Sessions Judge, Jammu. It was contended before the court below by the petitioners that the whole issue was being manipulated by their business rivals who are having contacts with the top police officers and the bureaucrats in the State administration and it is only with a malafide intention and at the behest of the top officials of the State administration that action is being taken against the petitioners for arresting them just to ruin their social status.

(3.) I have heard learned Counsel for the parties and perused the case diaries as also the record. The allegations against the petitioners are that they have conspired with the then Senior Superintendent of Police and other officers/officials who were the members of the earlier Special Investigating Team constituted for investigating into the matter regarding murder of aforementioned Amandeep Singh, for which FIR 247/09, was registered with the Police Station, Gandhi Nagar, Jammu, and have fudged the evidence in the case with the help of said officers. It is contended that the fudging of evidence was planned at two stages i.e.,: