New Delhi: Voicing concern over shoddy probe done by Delhi Police, a court here acquitted a man of murder charges even as it observed that it is “unfortunate that senseless killing of a human being is going unpunished”.

“It is unfortunate that senseless killing of a human being is going unpunished. But on the basis of such a shoddy investigation and unreliable testimony of the alleged eye witnesses, conviction cannot be brought on the accused,” Additional Sessions Judge Girish Kathpalia said.

The court's observation came while acquitting Jangpura resident Krishan of the charges of murder and under provisions of Arms Act, on the ground that ocular evidence cannot be used to convict a person for such serious offences.

“The investigation in this case has not been from crime to criminal but from criminal to crime, in the sense that first the alleged criminals were apprehended and then the entire investigation exercise was carried out in order to somehow connect them with the crime.

“Therefore, it is held that prosecution has failed to prove its case beyond reasonable doubt. Consequently the accused is held not guilty of charges framed against him and is acquitted,” the court said.

According to police, an FIR was lodged on March 11, 2009 on Bulandshahar resident Siraj Ahmad's complaint alleging that four boys, who were playing Holi near a hospital in south-Delhi's Khizrabad area, had altercation over putting colour on him and his wife during which one of the boys stabbed his associate Raisuddin leading to his death.

Police, on a tip-off, arrested Krishna and three juveniles. Krishan was charged for the offence of murder with common intention under section 302/34 of IPC and Arms Act.

Krishna pleaded not guilty and claimed that he was falsely implicated.