In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-10068 of 2010 (O&M) Date of decision: 15.7.2010 Amarjit Kaur ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Mohit Garg, Advocate, for the petitioner. Ms.Rajni Gupta, Addl.A.G.Punjab. Mr.Rajinder Goyal, Advocate with Mr.R.K.Bansal, Advocate, for respondents No.4 to 7. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure for directing the respondent authorities to conduct the investigation in the fair and impartial manner as the police authorities are trying to hush up the matter in order to save respondents No. 4 to 7 despite the fact that the brother of the petitioner has died because of poisoning. Learned counsel for the petitioner has submitted that the Investigating Agency was not conducting the investigation in this case in a fair and impartial manner. Birbal Singh-deceased was working as Constable and had died on 25.8.2008 due to poisoning of Aluminum Phosphide. Respondent No.4, wife of the deceased, was Criminal Misc. No.M-10068 of 2010 (O&M) -2- responsible for the death of the brother of the petitioner. However, no action was being taken against her as she was exerting influence on the Investigating Agency. Learned counsel for the private respondents, on the other hand, has submitted that petitioner, sister of the deceased is herself was working in the police department and the deceased was also an employee with the police department. In these circumstances, there was no occasion for the wife of the deceased to exert any pressure on the Investigating Agency. Learned State counsel has submitted that proper investigation has been conducted in this case and it was found that Birbal Singh had, in fact, committed suicide and nobody was at fault. Statements of various persons had been recorded in this regard. A perusal of the written statement filed by the State reveals that on the basis of the statement made by Baldev Kaur, wife of deceased Birbal Singh dated 25.8.2008 and panchayatnama furnished by eleven respectable persons of the native village of the deceased corroborating the facts narrated by Baldev Kaur, proceedings under Section 174 of the Code of Criminal Procedure were initiated vide D.D.R. No. 12 dated 25.8.2008, Police Station City Sangrur. On a complaint moved by Amarjit Kaur-petitioner on 15.3.2009, the matter was duly inquired into by Deputy Superintendent of Police, Sub Division, Sangrur and no truth was found in the allegations levelled therein. Rather it transpired that HC Criminal Misc. No.M-10068 of 2010 (O&M) -3- Birbal Singh was mentally upset for a long time and was under treatment. On 23.8.2008 his health had deteriorated and he was got admitted in Civil Hospital, Sangrur and from there he was shifted to Amar Hospital, Patiala, where despite treatment he had died on 25.8.2008. It transpired during inquiry that nobody was at fault qua the death of HC Birbal Singh. The relations of the petitioner with her brother deceased Birbal Singh and his wife Baldev Kaur were not cordial from the very beginning. After the death of the deceased, the petitioner was submitting complaints by concocting false stories. Another complaint moved by the petitioner dated 31.7.2009 was also inquired into by Deputy Superintendent of Police, Sub Division, Sangrur and it was found that no offence against anyone was made out. Although as per the report of the Chemical Examiner, Birbal Singh had died due to consumption of Aluminum Phosphide but nobody could be blamed for the same. Keeping in view the written statement filed by the State, no ground for interference by this Court is made out as the matter in question has been duly inquired into at various stages and it has been found that deceased had committed suicide and nobody was at fault. Accordingly, this petition is dismissed. (SABINA) JUDGE July 15, 2010 anita