SC directs Allahabad Nagar Nigam asst commissioner to face trial

New Delhi, Aug 7 (UNI) Taking serious view of intimidation of witnesses in criminal cases, the Supreme Court has directed an assistant commissioner of Allahabad Nagar Nigam to face trial for the murder of a witness in a triple murder case.

A bench comprising Justices G P Mathur and P K Balasubramanyan set aside the Allahabad High Court judgement which had ordered the quashing of the proceeding against Kapil Dev Singh, an assistant commssioner of Allahabad Nagar Nigam, who instigated his brother Daya Singh to kill one Nigam Singh, who was the witness against the Singh brothers in a triple murder case after he refused to buckle down under threat from the two to not depose against them.

The apex court in its judgement ruled ''We are of the opinion that the statement of the witnesses under Section 161 Cr Pc being wholly inadmissible in evidence could not at all be taken into consideration.

The High Court relied upon wholly inadmissible evidence to set aside the order passed by the learned sessions judge.'' Justice Balasubramanyan in his separate but concurrent judgement, however, questioned the propriety of the earlier judgement of the court, holding that power under section 319 CrPc is an extraordinary power which should be excercised only under compelling circumstances.

The judge in his judgement noted ''the power under section 319 of the code is conferred on the court to ensure that justice is done to the society by bringing to book all those guilty of an offence.

There is also a duty to render justice to the victim of the offence.'' UNI AKS/SC SP HT2140