Kashmir: Conviction in 13 year old custodial killing case from Surankot
Ashok Agrwaal
KASHMIR WATCH
http://kashmirwatch.com/humanrights.php/2012/02/03/surankote-fake-encounter-2.html
Saturday, February 04, 2012
Date: 3 Feb 2012
SP, constable convicted of SI’s killing
JAMMU, Feb 2
(JNF): Two cops, including an SP have been convicted of murder of a colleague,
which the culprits had initially tried to project as a fake encounter killing,
after more than 13 years of the incident.
Sessions Court today convicted then Superintendent of Police (SP) Operation
Surankot Sewak Singh and Constable Satpal Singh alias TT for killing
Probationary Sub Inspector (PSI) Ajay Gupta in a fake encounter on October 13,
1998.
According to police case, on the basis of written report lodged by In-charge SP
(Operation), Surankot Sewak Singh, SHO Police Station Surankot Jagjit Singh
registered FIR number 172 of 1998 for commission of offences under sections
302, 120-B, 121 and 122 RPC, 7/25, 26, 27 Arms Act and section 3 EAO, at 10.05
PM, on October 13, 1998.
He stated therein that PSI Ajay Gupta alongwith Mohammad Akram (driver),
Constable Satpal Singh alias TT (597/P) and Abdul Razak (554/P), bodyguards
while returning from patrolling duty were ambushed by the militants near TCP
crossing. It was further mentioned that PSI Ajay Gupta received bullet injury
on his head and the bodyguards retaliated the fire. However, Ajay Gupta
succumbed to his injuries in the hospital Surankot.
The blood soaked jacket of driver Mohammad Akram, SLR Butt of Constable Satpal
Singh, AK-47 of Constable Abdul Razaq and Gypsy 8692-JK02E were seized in
records. However, Jagjit Singh, the then SHO, proceeded on leave and on October
27, 1998 an investigation was taken up by Inspector VP Samyal. Then vide PHQ
order number 3475 of 1998 dated October 16, 1998 read with order number 200 of
1999 dated January 12, 1999, the investigation of this case was transferred to
Crime Branch, Jammu.
During investigation, it was revealed that Sewak Singh, SP (Operations) and PSI
Ajay Gupta had a scuffle in the month of August 1998, at Surankot and in the
said scuffle the former slapped the latter. During this happening, spectacles
of PSI Ajay Gupta and turban of Sewak Singh fell on the ground. Both the
officers cocked their weapons and threatened to kill each other. However, Sewak
Singh remarked at that time that ‘time will show, who will kill whom.’ This
scuffle turned their relations inimical.
According to the prosecution case, on October 13, 1998, in the evening, there
was a party in the house of Sewak
Singh, CO and 2IC of
27 RR, Abdul Khaliq, a local contractor and PSI Ajay Gupta have participated in
that party. CO, 2IC and Abdul Khaliq left after sometime. However, Abdul Khaliq
returned with more alcohol and had drinks with PSI Ajay Gupta. Later on,
contractor Abdul Khaliq requested Sewak Singh to drop him at his residence.
Sewak Singh asked PSI Ajay Gupta (deceased), driver Mohammad Akram, Constable
Abdul Razaq and Constable Satpal Singh to drop Abdul Khaliq at his residence.
It is important to mention here that Sewak Singh whispered something in the ear
of accused Satpal Singh, while they were boarding the official bullet proof
gypsy, bearing registration number JK02E-8692. Sewak Singh checked thrice as to
whether all had boarded the gypsy. Abdul Khaliq and his PSO Shakeel Ahmed were dropped
at their residence. While they were returning, Satpal Singh sat on the rear
seat behind PSI Ajay Gupta and while passing near TCP crossing, a shot was
heard inside the gypsy and the driver looked behind. The door of the Gypsy was
found closed at that time.
The driver and the SPO Mohammad Akram saw SLR of Constable Satpal Singh in
firing position aimed at PSI Ajay Gupta, who in the meanwhile fell in the lap
of the driver. Mohammad Akram confronted Constable Satpal Singh but the latter
denied and insisted that fire had come from outside. Mohammad Akram shouted
that Satpal Singh alias TT has killed Ajay Gupta. The vehicle was stopped and
at the same time, Constable Satpal Singh jumped out and fired more shots in the
air.
However, he was over powered by Abdul Razaq and by the nearby patrolling party
of 83 Battalion of CRPF and his weapon was seized. Constable Abdul Razaq
immediately ran towards the location of SP Operation with the seized SLR and
informed that Satpal Singh killed Ajay Gupta. At this, Constable Abdul Razaq
was asked by SP (Operation) to shut his mouth. Thereafter, Abdul Razaq handed
over the SLR of accused Satpal Singh to Sewak Singh.
It was further found in the investigation that body of PSI Ajay Gupta was
shifted to hospital and SLR was found with Satpal Singh, again. On checking by
the Army officers, three rounds were found missing from the magazine of SLR of
the accused.
PSI Ajay Gupta was in civil dress when the incident took place. However, on the
instructions of SP (Operation) Sewak Singh, SPO Sarfraz (now dead) brought the
uniform of deceased Ajay Gupta from his residence. Thereafter, Sewak Singh
directed Chander Parkash and Mohammad Saleem, to put the uniform on the body of
Ajay Gupta. Clothes of the deceased Ajay Gupta, stained with blood, were taken
off and burnt by Satpal Singh in hopsital premises with waste papers.
However, driver Mohammad Akram refused to provide petrol for that purpose.
Investigation further transpired that on the instructions of Sewak Singh, the
blood stained clothes of Ajay Gupta were burnt and bullet proof gypsy number
JKO2AE-8692 was washed. A false FIR was registered and a false report was
entered in Daily Diary of SOG.
It was found that Sewak Singh induced eye-witnesses with threat to give a false
account of the incident in case any inquiry would be held.
It has been further revealed in the investigation that prior to the incident,
Sewak Singh told Satpal Singh, in his bed room, that the PSI Ajay Gupta should
be eliminated showing it to be a false encounter.
Immediately after the incident, Duty Officer in Police Station Surankot
Mohammad Niaz Manhas ASI, reported to SHO Jagjit Singh, who in turn, conveyed
to SP Poonch that Constable Satpal Singh had killed PSI Ajay Gupta at TCP
crossing. Thereafter SHO prepared the inquest form and CD file, in which he
mentioned that according to preliminary inquiry, deceased was killed by Satpal
Singh alias TT. He also saw the gypsy, involved in the crime, had got blood of
the deceased but he did not seize it. He entered a false FIR which was not
based on the facts, as per instructions of SP (Operation).
2nd Additional Sessions Judge Jammu Subash C Gupta observed that on the night
of October 13, 1998, Ajay Gupta, was shot dead by Satpal Singh with his SLR.
The accused shot the deceased on the back side of his head, while returning in
bullet proof gypsy after dropping contractor Abdul Khaliq at his residence, at
Hardi Mohalla and reached TCP, Surankote.
In furtherance of criminal conspiracy hatched between him and Sewak Singh, prosecution
has succeeded in proving the motive behind the commission of murder in the
instant case and hatching of conspiracy by Sewak Singh and accused Satpal
Singh. With these observations, court held that prosecution has succeeded in
proving commission of offence of murder in furtherance of hatched criminal
conspiracy by the accused and destroying of evidence, punishable under sections
302/120-B and 201 RPC, against Sewak Singh and Satpal Singh.
Accordingly, both the accused have been convicted for commission of offences
under sections 302, 120-B and 201 RPC and fixed February 3, 2012 for the
arguments on quantum.
[Kashmir Times]
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Ashok Agrwaal
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Tel: 91 11 23714531(o)
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