Hyderabad: Blatant errors committed by the investigation officers have resulted in the Hyderabad High Court on Friday overturning the death penalty awarded by the Karimnagar Sixth Additional Sessions judge to a man and his cousin, for killing his wife, parents-in-law and her niece for dowry in Godavarikhani town of the district.
A division bench comprising Justice P.V. Sanjay Kumar and Justice M. Seetharama Murti of the High Court allowed an appeal by Junugari Devender and Junugari Naresh who were awarded the death penalty.
Delivering the verdict, Justice Kumar said he spent 22 sleepless nights before deciding to give the benefit of doubt to the accused.
Blatant errors committed by the investigation officers while registering the case and the lapses in the investigation and also the way the case was built up by the probing officers forced the court to acquit the accused, the judge said.
The bench noted that a CD annexed to the case records exposed the errors committed by the investigation officers from the time they visited the scene of offence and registering the case.
The CD contained video recording of the inquest and panchnama conducted by the police at the scene of offence and also interaction with a police officer with the media at the spot.
The bench pointed out that the police officer who had visited the scene of offence admitted to the media persons at the spot that no relatives of the deceased were available to lodge complaint and he was waiting to receive the complaint.
The bench felt the investigation officers failed to follow the procedure laid down in the CrPC while investigating the case.
As per the CrPC, it is the duty of the police officer that once he receives information of a cognizable offence he has to set law into motion by taking a complaint from anyone available. The bench opined that the time lapse gave scope for fabrication of the case and of having afterthoughts in the case.
As per the prosecution, Devender used to harass his wife Aruna, her father B. Banaiah and mother B. Banamma for dowry. After Aruna refused to bring additional dowry, he hatched a plan to eliminate her with the help of Naresh.
On March 27, 2010, he reached Aruna's parental house along with Naresh where they killed her parents by smothering them with a pillow when they were asleep. They then killed Aruna and Deepti, the minor daughter of Ravi who witnessed the murders.
