Additional Sessions Judge Ajay Kumar Jain, while letting off two men accused of setting ablaze a person, rejected the dying declarations as “unreliable” and said the police was unable to prove any motive.
“Considering the overall facts, testimony of independent eye witness, CCTV footage, unreliable dying declarations and doubtful endorsement regarding fitness of the injured for statement and doubtful history on the medical report… the prosecution is unable to prove any motive…
“This court is also obliged to comment upon the nature of investigation conducted by Sub Inspector Ashiq Ali. The probe conducted by him is not only found defective but malafide.
Therefore, the concerned department is directed to look into the matter and initiate appropriate action against him in accordance with law,” the judge said.
According to the prosecution, on August 30, 2013, the accused had burnt the alleged victim Satish by pouring kerosene over him near a South Delhi cinema hall, due to a money dispute over the purchase of an auto rickshaw.
The investigating officer had produced dying declarations of Satish, who had suffered 99 per cent burns, which were turned down by the court.
The counsel for the accused had contended that the dying declarations were written by the investigating officer and the man had committed suicide after he had lost an old litigation against the accused.