IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No. M- 17050 of 2010 Date of decision: 19.4.2011. Lal Singh and another ......Petitioners Vs. State of Punjab and others ...Respondents CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr. D.S.Pheruman, Advocate, for the petitioners. Mr.Gaurav Garg Dhuriwala, AAG, Punjab. Mr.T.P.S.Tung, Advocate, for respondents No. 4 to 6. **** ORDER This petition under Section 482 Cr.P.C. has been filed on behalf of petitioners Lal Singh and Baljinder Kaur for issuance of directions to respondent No.7 to register criminal case against respondents No. 4 to 6 and to investigate the matter by some independent agency and to grant compensation to the petitioners. Learned counsel for the petitioners submits that death of Balkaran Singh alias Baldev Singh alias Balla took place under suspicious circumstances and the petitioners were not informed. The dead body was given to Nahar Singh, the brother of the deceased with whom the deceased was having some litigation as 2-1/2 acres of land which was under mortgage was got redeemed by deceased Balkaran Singh in the year 2009. One brother of Balkaran Singh Crl.Misc. No. M- 17050 of 2010 [2] namely, Gurmail Singh has renowned the world and was leading a saintly life at some unknown place. There was dispute between deceased Balkaran Singh and his brother Nahar Singh with regard to some land. Although the matter was got compromised between the parties through Panchayat but the land in dispute was to be cultivated for six months by Nahar Singh and thereafter for six months by Balkaran Singh. Nahar Singh was not surrendering the possession of the said land to Balkaran Singh and in this regard a complaint was made to SHO Karamjit Singh (respondent No.4 herein), who assured him for handing over possession to Balkaran Singh. Learned counsel for the petitioners also submits that an amount of Rs.90,000/- and some other articles were taken by Sub Inspector Karamjit Singh for getting the work done in favour of Balkaran Singh. The said SI Karamjit Singh instead of getting the work done, started harassing Balkaran Singh by joining hands with Nahar Singh. On 22.4.2010, Balkaran Singrh was sent to jail in some other case and he was released on bail on 8.5.2010. In his absence, the lock of his house was broken with the help of local police and all articles lying therein were taken away. Subsequently, complaints were also made to SSP, Mansa, Human Rights Commission, Chandigarh as well as other police authorities on 12th May, 2010 and the same were sent through registered post on 13th May, 2010. Learned counsel for the petitioner also submits that death of Balkaran Singh took place under suspicious circumstances and his dead body was given to his brother with whom he was Crl.Misc. No. M- 17050 of 2010 [3] having litigation regarding some land. Balkaran Singh before his death uttered certain words with regard to act of the local police and threats were given to withdraw the complaint or to compromise the matter which was heard by Gurlal Singh and Major Singh. Even though post mortem examination was conducted by the doctors but the report was not given and dead body was handed over to the brother of the deceased with whom he was having litigation. Moreover, the dead body was cremated without intimation to anybody in the relation. Learned counsel for the petitioner also submits that respectables of the village including Sarpnach also made protest to SSP, Mansa for registration of case against Karamjit Singrh SHO P.S.Jaurkian and assurance was given but inspite of that no action was taken. No statement of Gurlal Singh and other persons were recorded who witnessed the occurrence. Learned counsel also submits that Balkaran Singh was thrown on the road side just to make it a case of natural death. The matter was not fairly investigated as police officials were involved in the case. Mr.Gaurav Garg Dhuriwala, learned AAG, Punjab on the basis of reply filed, submits that Balkaran Singh was with Ajaib Singh, Gurlal Singh, Major Singh, Jaspal Singh alias Gagri, Nachhattar Singh, Kala Singh and Balkar Singh alias Balla and poison was consumed on the asking of Ajaib Singh while sitting in the office of SHO. Balkaran Singh after having consumed pesticide, fell down, started vomiting and he was taken to civil hospital hospital by Ajaib Singh on the pretext of his treatment and FIR No. 39 dated 14.5.2010 under Sections 309/109/34 IPC was registered at Police Crl.Misc. No. M- 17050 of 2010 [4] Station Jaurkian against Ajaib Singh ,Gurlal Singh, Major Singh, Jaspal Singh, Nachhattar Singh, Kala Singh and Balkar Singh. After the death of Balkaran Singh on the same day, offence under Section 306 IPC was made out instead of under section 309 IPC against the accused persons. Accused Ajaib Singh, Nachhattar Singh, Kala Singh and Balkar Singh were arrested who are facing trial, PO proceedings are going on against Major Singh whereas accused Jaspal Singh has been declared innocent by the police. Mr. Dhuriwala further submits that application given by deceased Balkaran Singh was got investigated by DSP, Sub Division, Sardulgarh and nothing was found against police officials. Before death, Balkaran Singh approached SHO Karamjeet Singh but he was advised to avail remedy before the civil Court as the matter was of civil nature. The complaint made by the deceased was received on 20th May, 2010 i.e. after the death of Balkaran Singh. Although the allegations are there with regard to raiding the house of Balkaran Singh by SHO Karamjeet Singh but on that day he was present in the High Court with regard to some case and the allegations as mentioned in the complaint were found to be false. After hearing the arguments of both parties and on the basis of record available on the file, death of Balkaran Singh had taken place on 14th May, 2010. It is also an admitted fact that deceased Balkaran Singh went to the police station before his death and representation/complaint was also made to the police authorities which is clear from postal receipt dated 12th May, 2010 whereas as per additional affidavit filed by SI Karamjeet Singh, the said Crl.Misc. No. M- 17050 of 2010 [5] complaint was received on 20th May,2010. It is also an admitted fact that the deceased died due to poisoning but the dispute is whether the deceased himself took the poison or it was administered to him by somebody else. Similarly, it is also an admitted fact that Balkaran Singh was taken to Civil Hospital, Mansa and his death occurred there in the Civil Hospital itself. Learned counsel for the petitioner has made out a case on the basis of circumstances, the postal receipt and complaint sent by Balkaran Singh which had been received by the police subsequently. It is also an admitted fact that dead body was given to the brother of the deceased with whom he was already having some litigation and was not having cordial relations. The other brother of the deceased had already renowned the world and was not available for long time. It has also come on record that cremation was done at the instance of brother of the deceased and no other relation was informed with regard to the said death. Learned counsel for the State has not been able to convince the Court as to how the investigating officer has reached to the conclusion that the persons, who have been made accused, were responsible for causing death of Balkaran Singh. Only by sating that poison was taken at their instance is not sufficient ground to make them accused as there is no other connecting evidence to show that they were involved in the alleged murder. Admittedly, the Balkaran Singh made complaints to the police authorities and he was present in the police station before his death. The investigating agency has failed to reach to the conclusion as to how deceased Crl.Misc. No. M- 17050 of 2010 [6] Balkaran Singh died and what was the cause of death. On the basis of facts and circumstances of the case as mentioned above, it appears that fair investigation has not been conducted properly. Nothing can be said at this stage unless proper investigation is carried out with regard to cause of death, motive for committing murder and role of the alleged accused persons. The Investigating Agency has totally failed to reach to the conclusion with regard to cause of death and the persons involved therein. Keeping in view the facts and circumstances of the present case, this case requires further investigation. This petition is disposed of with the direction to ADGP (Crime) Punjab to conduct investigation of the case himself or depute any two senior IPS officers of Crime Branch who shall record statements of the petitioners, alleged accused, police officials of Police Station Jaurkian and submit a report within a period of three months after taking into consideration their statements, medical record etc. The Registry is directed to send copy of the order along with copy of petition, reply and other documents available with the file to ADGP (Crime) Punjab immediately for compliance. (DAYA CHAUDHARY) JUDGE April 19, 2011 raghav