New Delhi [India], September 8 (ANI): A Delhi Court, hearing wrestler Sagar Dhankar’s murder case, has allowed an application for early in the matter noting Forensic Science Laboratory (FSL) report has been awaited for the last one year. This case is pending at the stage of argument on charge since October 2021 as the FSL report is awaited.
The sanction under Arms Act has also not been filed. Olympian medalist wrestler Sushil Kumar and other 16 persons are accused in this case.
This case is related to the alleged murder of junior national champion wrestler Sagar Dhankar in the Chhatrasal Stadium in May 2021 over a property dispute. Sagar and his friend were allegedly beaten by the accused persons. Sagar later succumbed to the injuries.
While allowing the early hearing application Additional Sessions Judge Shivaji Anand of Rohini District Court observed, “Almost more than one year has gone but neither the FSL nor Sanction u/s 39 Arms Act has been filed on record.” This application was moved on behalf of accused Ajay Kumar.
The Court said that the present application is allowed and keeping in view of the number of accused persons, put up for arguments on charge/framing of charge on September 16 and 17, 2022 at 2.00 PM. The previous date of October 13, 2022 stands cancelled.
The Court said that on the last date of hearing, it was submitted by the IO that the FSL results will be deposited before the Court within 15 days. The present application has been filed after the expiry of 15 days. Even today, the FSL report is not ready.
The Court also said that as there are 17 accused persons and arguments on the charge may take considerable time, it will beneficial for all the parties if prior to submission of sanction/FSL report at least an argument on the charge is heard.
The Counsel for accused Ajay Kumar submitted that the case is pending at the stage of arguments on charge since October 2021. He has further submitted that the FSL result is still awaited till date. Due to non-filing of FSL and non-framing of charge in the case is causing grave prejudice to the accused persons and the same is depriving the accused persons of their right to a speedy trial.
It was also submitted that if some of the advocates are willing to argue on the point of the charge, the same could be done even in the absence of FSL report. Other counsels for co-accused persons also submitted on the same lines and prayed for preponement of the date of hearing. Advocates Sahil Malik and Sandeep Kashyap appeared on behalf of Sushil Kumar.
Though, it was submitted by the Additional public prosecutor (APP) that as FSL reports have not been received yet, therefore, arguments on charge should not be conducted.
It was also submitted by the Investigation Officer (IO) that though the FSL report was supposed to be received after 15 days of the last date of hearing but still the same could not be ready. He further submitted that the steps to expedite the same are also taken in this regard.
During the hearing, the IO in reply to the queries raised by the court said that Saction u/s 39 Arms Act would be applicable for the accused Vinod Pradhan as he was in possession of a licensed arm belonging to the accused Prince. It was also submitted by the IO that all firearms are licensed guns.
The Court after noting the submission of IO said that in the present case, as per the allegation of prosecution the cause of death was by beating of sticks and leg hits etc. and not by firearms. So, the relevance of the Sanction of the 39 Arms Act in only with regard to one accused. The rest of the FSL reports are not mandatory for the argument and framing of charge. (ANI)
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Source: The Print
