Overzealous investigations can be equally fatal to prosecutions as late ones: SC

New Delhi: It was a “bogus and premeditated investigation” and “a farcical prosecution” that resulted in a son and his wife being wrongly convicted and jailed for eight years for allegedly killing their elderly parents, now Supreme Court Free them without charge.Justice Sanjay Kumar K Vinod Chandran, while speaking of the various loopholes in the investigation and trial proceedings that resulted in two innocent persons languishing in jail, cautioned the police and the courts to strictly adhere to the accepted rules of procedure when lives are lost or taken away and when there is a possibility of false accusations being leveled and the reputation of the living being endangered.“An overzealous investigation is as fatal to a prosecution as being lethargic and tardy. Basing cases on public perception and personal preference ends up in chaos, often putting innocent people in danger but always freeing the perpetrators. Here we have a couple who died tragically after their home burned down in a fire, and the son and daughter-in-law were charged with murder. The entire case is based on motive; the son harbored ill will against his father and the entire village was against his son as he did not get his due share in the ancestral property. The incident ended with an investigation and the truth was sacrificed on the altar of revenge while the selective but careless pursuit of the investigating officer ably assisted the entire prosecution,” the judge said.Defense lawyer Smarhar Singh, who appeared for the accused brother, tried to convince the court that his brother and his wife were guilty, as evidenced by the dying couple’s dying declarations. But the judge said the death declaration was unreliable because it was not recorded in accordance with the law.“According to us, the investigation is a sham, premeditated and throwing to the winds every principle of criminal jurisprudence provided for due process. The prosecution is therefore a farce that renders the testimonies of witnesses mundane. The investigation and prosecution are premised on the alleged motive and nothing more,” the judge said.