Army Jawan 'Murder' Case: Judicial Magistrate Orders Further Investigation After 17 Years

17 years after the mysterious "murder" of Sepoy Yuvraj Uttam Rao inside an army camp, the Judicial Magistrate First Class (JMFC) of Banihal has ordered the reopening of the investigation into the matter. 

Expressing dissatisfaction with the previous investigation, Judge Manmohan Kumar has directed the police to conduct further inquiries and submit a detailed report within three months.

The closure report, which had been pending for several years, was presented before the court on September 18, 2021. However, the court found discrepancies in the probe, leading to doubts about the thoroughness and sincerity of previous efforts.

According to the closure report, on May 19, 2006, at approximately 3:00 AM, the Adjutant of 17 RR informed the Banihal Police Station that Sepoy Yuvraj Uttam Rao had sustained fatal bullet injuries while on duty at the 17 RR Camp Gund Tethar. 

The inquest report stated that an unknown official or officials had fired the shots that led to the death of Sepoy Yuvraj Uttam Rao.

The investigation revealed that there were no bloodstains in the sentry post, but four bullet holes were discovered in the roof, suggesting that the shots were fired from inside. The body was found in a guest house, while the murder weapon was discovered in another room. Witnesses testified to hearing gunshots, but many claimed ignorance about the incident.

The investigation also considered the possibility of the involvement of terrorists, given the heightened militancy in the Banihal area at the time. IO of the case had finally concluded that identification of the accused was not possible as more than ten years had passed since the incident.

The judge noted that there were discrepancies in the investigation as at one point the IO had observed that some unknown officials had killed the jawan and that the IO simultaneously concluded that the death might be an act of terrorists. 

However, IO has not collected any evidence that there was any transgression or attack in the army camp on the fateful night, the court remarked.

Observing that the closure report had raised concerns about the lack of evidence to support the theory of an attack from outside the camp, the court said that the FSL report itself confirmed that the spent cartridges found at the scene were fired from Sepoy Yuvraj Uttam Rao's service weapon.

Criticising the investigating officers for their failure to identify the accused or collect fingerprints from the weapon, suggesting a lack of competence and a possible attempt to protect someone, the court said:

"The excuse of the Investigating Officer that it is not possible to trace or identify the accused is preposterous, as the deceased Sepoy Yuvraj Uttam Rao was not alone in the camp, there were number of Army personnels along with officers on the duty then and there. This is very unfortunate that an army Jawan was killed inside the Army Camp with his service weapon but the Investigating officers are unable to trace the accused. There is no evidence collected by the police officers which explain how the deceased has died neither the finger prints from the weapon was taken by the IO of the case",.

In light of these discrepancies and the need for justice based on true facts, the court referred to a Supreme Court case, Hassanbhai Valibhai Quarashi vs. State of Gujarat (2004), which held that further investigation can be ordered if the court deems it necessary due to the partisan attitude of the police or their mistakes due to ignorance or other reasons. 

While ordering further probe, the court directed that a copy of its order be forwarded to SP Ramban with a direction to monitor the investigation of the case.

Case Title: - State through P/S Banihal Vs Nemo

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