Pulling up the city police for botching up a probe into the death of a doctor during a dinner in south Delhi in 2006, a Delhi sessions court has directed the commissioner of police to ensure the matter is properly reinvestigated.
Additional Session Judge (ASJ) RK Gauba directed the commissioner of police to take departmental action against all the erring officers connected with the case.
The order came a year after a metropolitan magistrate discharged all the five accused in the case citing want of evidence. The victim's wife had challenged the magistrate's order.
Gauba said the magistrate's order was inconclusive and a probable murder case was diluted to a case of death due to negligence. "It is virtually a case of no investigation into the cause of death…," Gauba said.
Akchad Biswas, a privately practitioner, was found dead in an ambulance in the premises of a hospital in Malviya Nagar on January 27, 2006.
In her complaint, the victim's wife Sulekh had told the police that the nursing home owner and others murdered Dr Biswas.
The police did register a murder case but sent the dead body to the victim's permanent residence in West Bengal without conducting any post-mortem.
Sulekh claimed before the court that the accused forged her signature on a letter, stating she was willing to take her husband's body to his native place. The body was sent without post-mortem, as the police believed nothing was suspicious and the accused died of a fall after consuming excessive alcohol.
Criticising the role of the investigative officer, the judge said: "The officer should have probed the matter deeper rather than being gullible in blindly accepting the version of the witnesses, who seem to have produced by the suspects themselves."
The post-mortem conducted by the West Bengal police termed the death homicidal.
The ASJ said that the police diluted the murder charges to death due to negligence, which resulted in the discharge of all the accused.
The judge observed that victim's wife had written a complaint to the commissioner of police in March 2006. It was marked to the joint commissioner of police for further investigations. "It appears there was no supervision or monitoring conducted by the supervisory officers…there have been serious lapses at various stages.
Such lapses may have resulted in the disappearance of the evidence".