Investigation Conducted by CBI Was Not Properly Done, Raises Suspicion About Prosecution Case: High Court Acquitted In Murder Case

The court criticized the investigative process and the credibility of key witnesses, leading to the acquittal of all accused in the 2002 murder case.

In a significant ruling, the Punjab and Haryana High Court has acquitted all the accused in the 2002 murder case of a prominent political figure. The court’s decision emphasized the critical shortcomings in the investigation conducted by the Central Bureau of Investigation (CBI) and questioned the reliability of key witness testimonies. The judgment highlights the importance of rigorous and unbiased investigation processes in ensuring justice.

The case revolves around the murder of a well-known political figure on June 16, 2002. The victim, a longstanding political rival to one of the accused, was gunned down in a brutal attack. The CBI took over the investigation, and several individuals were charged with conspiracy and execution of the murder. The trial court convicted the accused based on eyewitness testimonies and circumstantial evidence, but the decision was challenged in the High Court.

Witness Testimonies and Credibility: The High Court noted significant inconsistencies in the testimonies of key witnesses, particularly PW-3 and PW-9, whose statements were critical to the prosecution’s case. The court observed, “The details of the conversation given by these two prosecution witnesses were different, and their presence at the alleged spot at the relevant time seems unnatural”​​. The credibility of the witnesses was further undermined by delays in recording their statements, which were only taken 15-16 days after the incident​​.

Identification of Accused: The court was particularly critical of the identification process. It was noted that no proper test identification parade was conducted, and the identification of the accused in court was deemed weak. “The identification of accused Nos.3 and 4 as made, in Court by PW-9 is an extremely weak identification”​​. This lack of rigorous identification procedures significantly impacted the credibility of the evidence presented.

Investigation Shortcomings:

The court extensively criticized the investigation conducted by the CBI, highlighting several critical lapses. “The investigation conducted by the CBI was not properly done, therefore, it raises suspicion about the prosecution case”​​. Specific issues included the failure to seize the car used in the crime, the non-recovery of firearms, and the lack of a detailed site plan for the alleged conspiracy location​​.

Evaluation of Evidence: In its legal reasoning, the court emphasized the importance of reliable and corroborated evidence for sustaining a conviction. The court stated, “Minor contradictions, inconsistencies, omissions or improvements on trivial matters without affecting the case of the prosecution should not be made the court to reject the evidence in its entirety”​​. However, the magnitude of the inconsistencies and the investigative flaws led the court to acquit the accused.

The High Court’s judgment in this high-profile murder case underscores the essential role of credible evidence and thorough investigations in the judicial process. The acquittal of the accused highlights the consequences of investigative shortcomings and the critical need for accuracy and consistency in witness testimonies. This ruling serves as a reminder of the judiciary's commitment to ensuring justice through meticulous scrutiny of all aspects of a case.

Date of Decision: 28th May 2024