Sippy Murder Case: Motive prima facie enveloped in cloud of doubt: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, September 13

Granting bail to Kalyani Singh in the Sippy Sidhu murder case, Justice Sureshwar Thakur of the Punjab and Haryana High Court today made it clear that the motive assigned to her, prima facie, “did become completely enveloped in the cloud of doubt”.

Justice Thakur asserted that the motive assigned to Kalyani Singh in the untraced report filed on December 7, 2020, before the court concerned was that she developed animosity towards Sidhu following breach of marriage promise by him.

The CBI chose to file an untraced report, but kept the petitioner in the column of suspects. Apparently, it did not attach any importance to the purported motive and obviously did not collect further incriminatory evidence against her. Both the petitioner and the victim were till the end having the “most cordial relations”. The investigations into the aspect of the motive, prima facie, did not inspire the court’s confidence.

Justice Thakur added that the prosecution case was hinged on the statement of one person projected as an “ocular witness”. He did not claim himself to be an eyewitness in any of the four statements made to the investigating officer between August 2016 and September 2020.

“Surprisingly and suddenly, in a statement made on November 9, 2021, under Section 161 of the Code of Criminal Procedure, he claimed himself to be an eyewitness to the occurrence and named the present petitioner to be the prime inculpatory participant in the crime event. The above made statement is prima facie weak and cannot be accepted,” Justice Thakur asserted.

His statements were already with the CBI, where he never claimed himself to be an eyewitness when the untraced report was filed. But he made a somersault. His statement, completely in contrast to his earlier ones, became “enveloped in a deep shroud of suspicion”. Consequently, he was “a planted witness as also a witness who has been coached by the investigating agency only for solving the murder”.

Justice Thakur added that his cell phone was the best electronic evidence for prima facie supporting his statement. The call data and the tower locations revealing his presence in and around the crime site at the relevant time were never collected by the investigating officer.

Justice Thakur also observed that the petitioner remained in the CBI custody for six days. But surprisingly, the investigating officer did not record her disclosure statement about concealing the crime weapon. The non-recovery of the weapon did not connect her to the alleged crime.

Justice Thakur added that an alibi as claimed by the petitioner was accepted by the CBI even in the untraced report. It was, prima facie, established from the positive results of the polygraph test conducted on the petitioner’s father.

“The effect of positive results of the polygraph test conducted on the petitioner’s father is that his being truthful in stating about the presence of the petitioner at a birthday party and that too at the relevant time. Therefore, any negative results with respect to the polygraph test conducted upon the petitioner are prima facie unworthy,” Justice Thakur added.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Central Bureau of Investigation CBI #Sippy murder case