Directs Nagaland DGP to initiate enquiry, take disciplinary action against investigators
Zunheboto, November 17 (MExN): The District and Session Judge, Zunheboto, Ajongba Imchen, on November 17, directed the Director General of Police, Nagaland, to initiate “appropriate disciplinary action” against the police personnel involved in the investigation of the murder of a mason in Zunehboto.
The investigating agency (police) has shown “total failure and abdication of their duty in investigation” and the conduct of investigation “reveals nothing but incompetence and dereliction of duty,” the judge noted.
A direction was also issued to send a copy of the judgment to the Deputy Commissioner and the Superintendent of Police, Zunheboto, in order to enable them to sensitise their “subordinate officers” with regard to investigation proceedings under Section 174 of CrPC.
Case background
As per the summary of the Court proceeding and judgment order shared by the Public Prosecutor Zunheboto, J Khetoholi Yeputhomi, the case pertains to a missing report filed at Zunheboto Police Station on August 17, 2018.
As per the missing report, the mason identified as one Abdul Khalique went missing on August 15.
During the course of enquiry, the dead body of the missing person was recovered from a forested area below the main road in between Amiphoto Colony and Police New Reserve.
Several injuries marks were found visible on the dead body and the post-mortem conducted at the District Hospital, Zunheboto, pointed to murder.” Subsequently, a case under IPC 302 was registered at Zunheboto PS.
Initially four suspects were detained but later released reportedly owing to lack of evidence. It was followed by the arrest of three other suspects from Amiphoto colony with the police report stating that three admitted to committing the murder on August 15 while the deceased victim was returning a construction site at Police New Reserve.
Based on their confessions, they were charged under IPC 302/120B/34 IPC, while as many as 10 witnesses were examined.
Prosecution’s failure
In the judgment, the judge pointed out several lapses in the investigation to conclude that the prosecution “failed to prove any of the charges against the accused persons.”
As per the order, while a prosecution witness deposed that he was informed by another mason that the deceased was seen around 5:30 pm at BOC, Zunheboto, the mason was never “examined nor made as a witness by the investigating officer.”
Further, the prosecution submitted that the victim was murdered on August 15 and post-mortem was conducted on August 17. However, the judge noted the lack of record detailing the cause of injuries by the medical examiner, the report only stating that the victim’s head was crushed.
The doctor also failed to record the condition of the dead body and “simply examined the external body of the deceased and recorded the injuries inflicted on the body.” He also “fairly admitted that he is not a forensic expert.” “If the testimony of witnesses and the medical officer are put to close scrutiny, it becomes crystal clear that same is not free from doubt,” the judge stated in the order.
“These witnesses are not reliable and do not inspire confidence of this court. This all goes against the prosecution and the last seen theory of the prosecution is total failure and cannot be accepted,” the judge ruled, while noting that the investigation was done “haphazardly.”
The judge also recommended compensation to the family of the deceased under the provision of Section 357A (1) and (2) CrPC (Victim compensation Scheme). He recommended that the Zunheboto District Legal Services Authority (ZDLSA) consider the case for appropriate compensation to the family of the deceased on behalf of the State Government.
Meanwhile, Public Prosecutor Zunheboto informed that the state is preparing to for an appeal against the judgment.
