A Delhi court has turned down a man's plea to re-investigate the alleged murder of his 23-year-old brother a decade ago by his employer and an accomplice, who were given a clean chit by the police which had said the victim had died of a heart attack.
The man had moved the sessions court against an order of a magisterial court which had accepted the closure report filed by the police and noted that the injuries on the victim, Satpal, were due to a fall after which he had suffered a heart attack and died.
The petitioner, Ashok Kumar, contended before Additional Sessions Judge Atul Kumar Garg that the magistrate while rejecting his plea against the closure report did not take into account the injuries mentioned in the post-mortem report.
He also said the magistrate lost site of the fact that the deceased was not an old man but 23 years of age with robust health and could not have had a heart attack.
The ASJ, however, noted "the whole case of revisionist (Ashok) is based on the post-mortem report where six injuries have been mentioned on the body of deceased. Except said injuries mentioned in the postmortem report, there is no evidence to connect the accused with the offences mentioned in the FIR."
The court also noted that in the initial statement given to the police, Ashok and his family members had stated they did not suspect any foul play.
"The police did their best and also conducted the polygraphic test..In the polygraphic test of the suspect no deceptive response has come," the court noted.
