Crl. Misc. No. M-29566 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29566 of 2010 (O&M) Decided on : 10-08-2011 Kulwinder Singh ....Petitioners VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Vikas Bahl, Advocate for the petitioner Mr. B.B.S.Teji, Sr. DAG, Punjab Mr. Ashok Aggarwal, Advocate for respondent no.4. MAHESH GROVER, J This is a petition under Section 482 Cr.P.C in which a prayer has been made that the investigation pursuant to the FIR no.43 dated 10.8.2010 be transferred to some independent agency or to any senior police officer outside the District of Tarn Taran. The apprehension of the petitioner stems from the fact that the accused persons named in the FIR have close proximity to a man of influence who has political clout in the District. The following injuries were found on the body of the deceased:- 1. Reddish blue contusion in middle of forehead about 2cm x 1.5 cm in size. 2. Reddish blue contusion 1.5 cm x 1 cm on left cheek 3. Reddish blue contusion 2 cm x 2.5 cm on right side of face between right cheek and right external ear. Crl. Misc. No. M-29566 of 2010 (O&M) 2 4. Reddish blue contusion 2.5 cm x 1 cm on right side of nose. 5. Reddish blue contusion 2 cm x 1 cm on right side of upper part of neck on posterior aspect 6. Reddish blue contusion 3.5 cm x 1.25 cm on right side of upper part of chest, anterior aspect near midline. 7. Reddish blue contusion 1.5 cm x 0.5 cm on anterior aspect of right shoulder. 8. Reddish blue contusion 2.5cm x 0.5 cm on anterior aspect of right side of lower part of abdomen. 9. Reddish blue contusion 1.25 cm x 0.5 cm on anterior aspect of left knee. 10.Reddish blue contusion 2 cm x 1 cm on lateral side of left knee. 11.Reddish blue contusion 1.5 cm x 1 cm on right knee anterior aspect. Official respondents in their reply have submitted that the matter was investigated and Bakshish Singh son of Sukhdev Singh r/o Nijamdin was responsible for the death of the deceased and the cause of death was attributed to his slipping from the stair of the combine and it was stated that because of this he could not balance his body and came under the combine harvester and suffered multiple injuries. The post-mortem report shows that cause of death is shock which is sufficient in ordinary course to cause the death. On due consideration of the matter, I am of the considered opinion that the apprehension of the petitioner is not entirely mis-placed as the nature of injuries when evaluated against the cause of death given out by Crl. Misc. No. M-29566 of 2010 (O&M) 3 the respondents seems to be a complete mis-match. According to the respondents, deceased slipped from the stairs of the combine harvester and came under the wheel but strangely enough there are no corresponding injuries indicating crushing any portion of the body which ordinarily would have been the result if a person would have come under the wheels of a heavy vehicle such as a combine harvester. Without commenting upon this aspect any further least it prejudice the investigation the Court deems it safe to opine that the investigation so far carried out by the official respondents is extremely shoddy and un-inspirational. Once the Court concludes this then the logical corollary is that the apprehension of the petitioner that the investigation is being interfered with at the behest of some persons is not mis-placed. Consequently, the petition is accepted and it is directed that the matter be further investigated by a senior officer of a District other than Tarn Taran. The officer should not be below the rank of Superintendent of Police who may associate an officer of the rank of Deputy Superintendent of Police to assist him in the probe. Let a copy of this order be sent to the Director General of Police, Punjab for compliance. August 10, 2011 (Mahesh Grover) rekha Judge