UDAYAN KISHOR
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New Delhi, 5 November
The Delhi high court, while setting aside a trial court’s judgement which had awarded life imprisonment to a person in a murder case, observed that generally powerful persons influence the police and the agency act according to their will.
"A powerful person wanted to acquire an unauthorised property while others opposed the same and asked help from the police, but the police did not take any action and helped the influential person to acquire the property instead, even the agency lodged serious complaints of murder and riots against those who opposed the move. This matter shows how police works on the powerful people’s will," said the high court bench of Justice Reva Khetrapal and Justice Pratibha Rani.
The bench held that the present case was a glaring example of how the local police colluded with the complainant to help him obtain physical possession. "We are of the view that prosecution has not been able to establish its case against the appellant beyond reasonable doubt," said the court, while acquitting the accused, Prakash Chand, of murder charges.
Chand was awarded life imprisonment by a trial court ruling which the HC bench dismissed. Besides, the court also directed the police commissioner to act against K K Kaushik, who was inspector with Kashmiri Gate police station at the time of the incident. Kaushik retired from Delhi police as Superintendent.
"The trial court made an error while convicting Prakash Chand. One accused was acquitted in 1993, while eight others got acquitted in 2009 by the sessions court. Though Chand was coming in the way of the complainant, he was booked and later got convicted under the charges of offences like murder," said the court, noting that the entire investigation was tampered with to achieve that motto.
"From the medical report of the victims to the FIR has been tampered with," said the court. The prosecution case is that Ahmad Sultan bought a piece of land in Maqbool Prem lane in Mori Gate area in 1988. "He started work in 1991 on that land, but his neighbour Prakash Chand objected to the same. A fight broke out on this issue on 8 August 1993," said the prosecution.
According to police, Sultan made a complaint that Prakash Chand and his friends beat him up with sticks and also pelted stones at Sultan and the labourers working for him. Due to that a labourer Gurdayal Singh died.