Crl. Misc. No. M-2246 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-2246 of 2011 (O&M) Date of Decision: 10.3.2011 Cathrine Bhatti .............................................................. Petitioner Versus State of Punjab and others ...................................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Ms. Puneet Kaur Shekhon, Advocate for the petitioner. Mr. Vishal Munjal, Addl. A.G. Punjab. Mr. J.S.Thind, Advocate for respondent Nos. 5, 6 8 and 9. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for directing respondent Nos. 1 to 4 to register an FIR under Section 302, 34, 120-B IPC against the respondents/accused Nos. 5 to 9. Prayer has also been made that the body of Agnellous Bhatti be exhumed and examined by a Board of Doctors other than Amritsar district. Brief facts of the case are that petitioner is a widow of Agnellous Bhatti who died on 4.11.2010. The death is being described as suicide but the petitioner alleges that it is a case of murder. Agnellous Bhatti Crl. Misc. No. M-2246 of 2011 (O&M) [ 2 ] was Junior Engineer and had undergone various maritime courses. He had undergone a training course at Navel Meritime Academy with respect to Helicopter under water escaped training. Total service rendered at Sea by Agnellous Bhatti is 14 years 2 months 2 days. He had been residing at Thane because of his employment along with his wife and children namely Christie, Bertha and Augustine. Petitioner has been residing in Thane since 1993 in a flat owned by Agnellous Bhatti. Agnellous Bhatti was earning well as he was employed on the high seas. He took all steps to help his brother in Amritsar. In last week of July 2010 he had come to visit Amritsar to be with his brothers and other relations. On his way back, he got his ticket cancelled to be with his family. The petitioner along with his daughters went to Mumbai. On 3.11.2010, there were telephonic conversations between him and his wife regarding some amount of money which he had given to his brothers. On 4.11.2010 the petitioner received an information from Domnic Bhatti, brother of Agnellous Bhatti, that Agnellous Bhatti had committed suicide and was no more. She rushed to Amritsar. Agnellous Bhatti was buried as per Christian rites and ceremonies at Pakharpura (Amritsar). On 13.11.2010 the petitioner got to see the post- mortem report. Some photographs were taken at the time of burial. There was one injury on the side of the left eye and another injury on the forehead above the left eye. As per the post-mortem report the cause of death was suicide. There was no mention of injuries on the face which were evident from the photographs taken at the time of burial. A complaint was filed on 15.11.2010 to the Police Commissioner, Amritsar. The petitioner alleges that the brothers of the petitioner had a motive to kill Agnellous Bhatti as he had advanced money to his brothers. On asking them to return the same, Crl. Misc. No. M-2246 of 2011 (O&M) [ 3 ] they started troubling him and ultimately murdered Agnellous Bhatti. The complaint of the petitioner is that instead of doing proper investigation by exhuming the body and getting the same re-examined, the police delayed the investigation and submitted a report that no offence is made out. In the above circumstances, this petition has been filed seeking a direction to exhume the body of Agnellous Bhatti and get it examined by the Board of Doctors not belonging to the Amritsar district. A report was submitted by the Assistant Commissioner of Police dated 14.12.2010 wherein it has been mentioned that it is a case of suicide and not a case of murder. A petition before Punjab State Human Rights Commission has been filed on 10.12.2010 in which report of the Commissioner of Police, Amritsar, has been stayed and the next date of hearing is 24.3.2011. On notice, reply by way of affidavit of Kirpal Singh, Assistant Commissioner of Police (North), Amritsar (City) has been filed on 20.2.2011 and affidavit of Inspector Dinesh Singh, SHO, Police Station Sadar, Amritsar (City) has been filed on 22.2.2011. Heard learned counsel for the parties. Ms. P.K.Sekhon,counsel for the petitioner, has vehemently argued that her husband was earning well and in due course of time used to help his brothers by lending money. In July 2010 when he had visited with his family to Amritsar, he did not return back with his wife and children to Mumbai in November 2010. During this period, he tried to recover the amount of money which he lend to his brothers but they given him a cheque of `50,000/- only and declined to make the remaining payment. On the night of 3.11.2011 as per telephonic call from Domnic Bhatti the petitioner was informed that her husband would be killed. From the post-mortem Crl. Misc. No. M-2246 of 2011 (O&M) [ 4 ] report and photographs clicked at the time of burial there were injuries on the person of Agnellous Bhatti which would not relate to the suicide by hanging. As per the counsel all these facts indicate that it was not a case of suicide. Mr. Vishal Munjal, Addl. A.G. Punjab, submits that the deceased Agnellous Bhatti was addicted to alcoholism and was admitted in the Nawan Savera Drug Counselling & Rehabilitation Centre, Village Rajewal, near Manawala, Tehsil & District Amritsar from 17.8.2010 to 23.10.2010. The S.H.O. Police Station Sadar, Amritsar (City) had personally visited the said Drug De-addiction Centre on 20.2.2010 and on inquiry, it came to light that the said Agnellous Bhatti had not completed his Rehabilitation Programme as the Rehabilitation Programme was for 6 months. He was discharged from the said Drug De-addiction Centre by the petitioner Catherine Bhatti and her daughter Bartha Bhatti on 23.10.2010. Statement of Francis Bhatti, brother of Agnellous Bhatti has been recorded who has stated that he was working in the Merchant Navy at Mumbai and was residing with them at Friends Colony for the last three months. He was addicted to alcohol and used to quarrel often. Agnellous Bhatti has committed suicide by hanging himself with the ceiling fan. He stated that this was due to addiction to Alcohol and domestic violence and no one was responsible or instrumental for it. In view of the statement recorded by Francis Bhatti proceedings under Section 174 Cr. P.C. were effected by the police on 4.11.2010. On 15.11.2010, a representation was filed by Catherine Bhatti wherein she has alleged that Inderyash Bhatti, Francis Bhatti, Timothy, Dominic Bhatti & Deepika @ Gappu Bhatti have instigated her husband to commit suicide and has further prayed that a Crl. Misc. No. M-2246 of 2011 (O&M) [ 5 ] case under Sections 306/120-B/34 IPC shall be registered against the above stated persons. On this representation, Kirpal Singh, Assistant Commissioner of Police, North, Amritsar (City), was deputed to inquire. After conducting a detailed and minute inquiry in a confidential manner it has come to a conclusion that Agnellous Bhatti had committed suicide by hanging himself from the ceiling fan on the night intervening 3.11.2010 & 4.11.2010 due to his addiction to alcohol and domestic tensions. Keeping in view the statement recorded by Francis Bhatti and circumstances of the case, proceedings under Section 174 Cr.P.C. were effected by the police vide DDR No. 15 dated 4.11.2010. During the inquiry it came to light that petitioner Catherine Bhatti and deceased Agnellous Bhatti had strained relations and Catherine Bhatti had got FIR No. 782/04 under Sections 325/504/506 IPC Police Station Kankiya, Meera Road, District Thane registered against her husband namely Agnellous Bhatti. Petitioner Catherine Bhatti had signed a letter of acceptance at the time of cremation of her husband Agnellous Bhatti. She had not raised any suspicion against anyone at the time of burial of her husband. If any suspicion had been raised by Catherine Bhatti at the time of burial the police could have got the post- mortem of the dead body from the Board of Doctors. As per the inquiry, petitioner Catherine Bhatti is demanding share in the property of the deceased Agnellous Bhatti from Inderyash Bhatti. The allegations leveled by the petitioner could not be substantiated during inquiry. At the time of burial of deceased Agnellous Bhatti, Catherine Bhatti was satisfied with the proceedings under Section 174 Cr.P.C. by the police. Later on, on 15.11.2004 she has filed the representation where alleged abetment to suicide has been made. Crl. Misc. No. M-2246 of 2011 (O&M) [ 6 ] Mr. Vishal Munjal, Addl. A.G. Punjab, has further submitted that the report dated 14.12.2010 in context of the representation dated 15.11.2010 filed by petitioner Catherine Bhatti has been approved by the office of Commissioner of Police Amritsar (City) on 15.12.2010. Learned counsel has referred to the affidavit of Inspector Dinesh Singh, Station House Officer, Police Station Sadar, Amritsar (City) wherein an opinion of the Associate Professor Forensic Medicine, Government Medical College, Amritsar, has been placed on record which suggests that nothing can be commented upon as what stage decomposition of body might have taken place uptill now. Annexure R1 is the copy of the opinion. After hearing learned counsel for the parties and going through the record, this Court has come to the conclusion that the inquiry on representation of the petitioner has been conducted very minutely. The SHO of Police Station Sadar had visited the Drug De-addiction Centre on 20.2.2010 and has verified that the deceased Agnellous Bhatti was admitted at the Nawan Savera Drug Counselling & Rehabilitation Centre, Amritsar, from 17.8.2010 to 23.10.2010. He had been discharged before completion of the Rehabilitation Programme of six months by his wife Catherine Bhatti and her daughter Bartha Bhatti on 23.10.2010. The petitioner has concealed this fact in her petition. In her petition, there are specific allegations that on the intervening night of 3.11.2010 & 4.11.2010 there were telephonic calls between her and her husband in relation to recovery of amount from his brothers and the deceased Agnellous Bhatti was very disturbed. Reference has been made to a call made by Domnic Bhatti, brother of the deceased, who had told the petitioner that he will kill her husband. In view of this conversation, it is surprising that the petitioner on the day of burial did not Crl. Misc. No. M-2246 of 2011 (O&M) [ 7 ] raise any suspicion and signed the 174 Cr.P.C. report. After a gap of almost 11 days, she made a representation for registration of a complaint under Section 306 IPC. As far as the allegation that there were injury marks on his face which are evident from the photographs taken at the time of burial the remarks by Medical Officer who had conducted post-mortem examination are being reproduced below:- REMARKS BY MEDICAL OFFICER: “All the injuries are Ante-Mortem in nature. The cause of death in this case in my opinion is `ASPHYXIA' as a result of ante mortem `HANGING' which is sufficient to cause death in ordinary course of nature.” It is vehemently denied in the reply that the injuries on the neck were very deep. There were no blood stains on the shirt being worn by Agnellous Bhatti and which is in possession of the police during investigation. As far as the call details are concerned, they do not reveal about the conversation which took place between the petitioner and Agnellous Bhatti and between the petitioner and Dominic Bhatti. Moreover, the statement made by Francis Bhatti, brother of the deceased, has been verified and found to be true. No role has been attributed to any family member on the suicide committed by Agnellous Bhatti. Finding no merit, the criminal miscellaneous is dismissed. 10.3.2011 ( RITU BAHRI ) Rupi JUDGE