The district police had also replaced the murder charges under Section 302 IPC with that of an accidental death under Section 304-A, which eventually helped the culprits, especially Lucky Goel alias Billa who fired the shot, in attaining bail on February 6, 2017, two months after their arrest.
The two accused in the infamous killing of orchestra dancer Janu, who was killed by a gunshot while performing at a marriage party at Maur in Bathinda district, got bail due to a botched-up investigation by the police .
Documents in HT’s possession reveal that bail was granted to the accused after the police failed to file the challan within the stipulated 60-day period. The district police had also replaced the murder charges under Section 302 IPC with that of an accidental death under Section 304-A, which eventually helped the culprits, especially Lucky Goel alias Billa who fired the shot, in attaining bail on February 6, 2017, two months after their arrest.
The sensational killing of Kulwinder Kaur, also known as Janu, took place on the night of December 3, 2016, catching the media’s attention across the country with a video of the event going viral on social media.
The bail plea of the accused had pointed out that the police did not file the challan within stipulated 60-day period in the case that was registered under Section 25 of the Arms Act as well.
“The police has failed to present the challan in this case within the stipulated period of 60 days and, therefore, the applicant (accused) is entitled to bail under section 167 (2) CrPC,” the bail plea of accused Lucky Kumar had stated, after which he was granted bail in the court of Talwandi Sabo judicial magistrate Class-1Gurdarshan Singh.
The court had observed that the police had dropped the Sections 302, 336, 148, 149 IPC and 25, 54, 59 of the Arms Act against the accused and added Section 304 (A) and Section 27 of the Arms Act against them.
Another accused Sanjay Goel, son of former Akali councillor Vijay Goel, was also released on bail on the same ground.
The police finally filed the challan on March 7, 2017, framing charges a month after replacing the valid sections of the IPC and the Arms Act. The crucial Section 25 of the Arms Act in the FIR was also annulled before the filing of the challan.
The then SSP Swapan Sharma gave his nod to the ‘investigation report’ of SP (detective) that had recommended to replace the specific charges under various sections originally mentioned in the FIR. The FIR was registered on December 4, 2016, a day after Janu was shot dead.
Judge Gurdarshan Singh finally gave the judicial nod to replace the crucial sections in the FIR on the basis of this ‘investigation report’ of the SP (D).
Victim’s mother cries foul
Janu’s mother Manjit Kaur, who is the prime witness in the case, has lodged a complaint with the Bathinda SSP against the SP (D) for never calling her during investigation. The aggrieved mother has also sought departmental action against ASI Sukhjinder Singh, the investigation officer in the FIR, for not filing the challan within the stipulated period.
“We were never called by the SP (D) who conducted the inquiry and changed the entire report into falsehood,” said the mother.
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