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Gwalior HC: Releases Brothers who Imprisoned for 13 Years due to Improper Investigation

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The Court of Hon’ble Judge Sanjay Yadav and Judge Vivek Agarwal found the chain of circumstances and evidence are not complete.

On 22 Feb 2019, The Court on the basis of circumstances and evidences found the case fit to extend the benefit of doubt and ordered for immediate release of the brothers.

Here question arises, that in such a big flaw and after clear observation of unprofessional investigation by the agencies, why they are not given punishment. After spending long 13 years in imprisonment, the brothers lives has end anyway but why the culprits are not punished.

Gwalior HC

What was happened in the matter

In year 2006, both brothers were made accused of murder of women. The deceased woman was wife of Dinesh while and sister-in-law of other brother.

Lower court found the brothers guilty and they were given life imprisonment. The brothers were arrested by police on 27 June 2006, and since then they were serving the imprisonment.

The court observed the investigation was not correctly in the matter and said prosecution has not even produced medical examination report to prove quarrel between the deceased and the accused.

In the matter, brother Srinivas role was also found suspicious, as he said that first time when he went to the crime spot every door was closed but when he went there again, he saw window open and saw his sister hanging, futher in the cross examinations he failed to explain all the situation.

After the marriage, the women stayed 3-4 years at her in-laws place and then she started living with her mother and brother complaining that her in-laws used to beat her for money. The mother or deceased had bought a piece of land on deceased name which they alleged that her husband and kins were putting force on her to sale the land.

As Per the complain, Dinesh with his mother came to their residence and bring her wife. The wife was accompanied by her elder son Gajendra and left her younger son Kallu at home. In the evening, Kallu started crying when his mother and brother not came, and then after Sriniwas started searching for them.

Later in proceedings, it’s was came in light that deceased own brother was trying to mutation of the property which tahsildar denied. The advocate of Dinesh bring the point in notice of court, that only Srinivas was the beneficiary after the death of her sister as he was nominee of the property.

The Police Fault

The court further observed many other differences in the statements, and noticed that IO Jugal Kishore Sharma not send the rope for FSL reporting, he produced the broken lock while the lock was opened per the witness. Court again observed the difference in arresting dates of brothers and more importantly the IO did not examined the witnesses even the IO didnot witnessed Gajendra who was accompanied.

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