Punjab-Haryana High Court
Charan Singh Son Of Sh Jiwa Singh vs State Of Punjab on 17 May, 2010
Criminal Misc. No. M-79553 of 2006 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-79553 of 2006
Date of Decision: 17.05.2010
1. Charan Singh son of Sh Jiwa Singh, aged 72 years;
2. Smt. Amar Kaur wife of Sh. Charan Singh, aged 70
years;
3. Smt. Gurmel Kaur widow of Sh. Gurmel Singh, aged 23
years;
all residents of village Kakrali, Tehsil Derabassi,
District Patiala.
... Petitioners
Versus
1. State of Punjab.
2. Director General of Police, Sector 9, Chandigarh.
3. Senior Superintendent of Police, Patiala.
4. Incharge, GRP, Patiala,
5. Central Bureau of Investigation, CBI Headquarters,
Chandigarh.
...Respondents
CORAM: HON'BLE MR. JUSTICE SHAM SUNDER
Present: Mr. B.C Bitta, Advocate,
for the petitioners.
Mr. T.S. Salana, Deputy Advocate General, Punjab,
for respondents No. 1 to 3.
SHAM SUNDER, J.
This petition under Section 482 Cr.P.C., for the registration Criminal Misc. No. M-79553 of 2006 2 of a case, against various Police officials, regarding the custodial death of Gurmail Singh son of petitioners No. 1 and 2, and, husband of petitioner No. 3, investigation by the Central Bureau of Investigation, filing of challan, and grant of compensation, has been filed by them (petitioners).
2. The facts, in brief, as contained, in the petition, are that, on 02.01.06, a Police party, came to the house of the petitioners, accompanied by a son of the lady Sarpanch of village Morthikri. The said Police party, took away Gurmail Singh son of petitioners No. 1 and 2, and, husband of petitioner No. 3. On the next day, petitioner No 1, went to Rajpura, and, requested the Police officials of Out-Post Government Railway Police, to release his son, but, they did not release him. On 04.01.06, petitioner No. 1, again went, to Rajpura, and requested the Police personnel, for the release of his son, or, else arrange a meeting with him. He was told that, his son, had suffered a heart attack and died. It was stated that the son of petitioners No. 1 and 2, did not die, on account of heart attack, as he had no such problem earlier, but, on the other hand, the injuries, on his fore-head and lips, were found, during the course of his post-mortem examination. It was further stated that the son of petitioners No. 1 and 2, and husband of petitioner No. 3, while in Police custody, died, on account of the Police torture, which fact, was established, from the injuries, on his fore-head and lips, but, the same, was, later on, converted into one, as a case of death due to heart attack. Ultimately, the instant petition, was filed, claiming the reliefs, referred to above. Criminal Misc. No. M-79553 of 2006 3
3. In reply to the petition, it was stated that, FIR No. 61 dated 31.12.06, under Sections 302 and 201 read with Section 34 IPC, had been registered, by the Government Railway Police Station, Patiala, again unknown persons, with regard to the murder of Gurcharan Singh son of Chotta Singh, and, Rajesh son of Behal Singh. During the course of investigation, Gurmail Singh, son of petitioners No. 1 and 2, and, husband of petitioner No. 3 (now deceased), was named, as one of the accused, by Gurvinder Singh @ Bittu son of Pal Singh, an eye-witness, in the aforesaid case. It was further stated that, on 03.01.06, on the basis of information of the informer, Gurmail Singh, accused (now deceased), was arrested, from Railway Station, Ghaggar Mubarkpur, at 10.30 PM. After arrest, he was brought to Out-Post GRP, Rajpura, at 11.50 PM, and, in this regard, DDR No. 15, dated 03.01.06, was recorded, in the Roznamcha, in Out-Post GRP, Rajpura. Gurmail Singh (now deceased), was handed over to Baldev Singh, Munshi (Moharrir Head Constable), because, he was to be produced, in the Court of Sub Divisional Judicial Magistrate, Rajpura, on the next day.
4. On 04.01.06, Gurmail Singh, was taken to the toilet, by SPO Kaptan Singh, and, PHG Jasdev Singh, at about 6.30 AM, in the barrack, where, he (Gurmail Singh), fell on his left side, against the wall, and, on account of striking against the wall, he suffered injuries, on his fore-head near eye-brow and upper lips, and, also complained of chest pain. Thereafter, he was brought to GRP Post, by Kaptan Singh and Jasdev Singh, by giving him support. He was Criminal Misc. No. M-79553 of 2006 4 sent to the hospital. He was declared to be brought dead. It was further stated that, a Board of Doctors, conducted the post-mortem examination, on the dead-body of the deceased, and, they came to the conclusion, after the reports of the Pathologist and the Chemical Examiner, that it was a case of heart attack, as earlier also, the deceased, had suffered heart attack. It was further stated that, the inquiries, were held, by the Sub Divisional Magistrate, Derabassi, Tehsildar-cum-Executive Magistrate, Rajpura, and Punjab State Human Rights Commission, Chandigarh, and, it was found that, it was a case of natural death. It was further stated that, Gurmail Singh, was not tortured, by the Police. It was further stated that, he did not die, on account of alleged torture, but, on account of heart attack, which, he suffered. It was further stated that, the petitioners, concealed the true facts, as, they were paid a sum of Rs. 50,000/-, in cash, and, Rs. 2.50 lacs, through cheque, at the time of bhog ceremony, by Dipinder Singh, Advocate, Vice-Chaiman, Punjab State Industrial Development Corporation, and, a sum of Rs. 3 lacs, in cash, by Capt. Kanwaljit Singh, the then MLA of the area. It was further stated that, as such, a sum of Rs. 6 lacs, already stood paid, to the petitioners (heirs of the deceased), by the aforesaid persons.
5. On 01.07.08, none was present, on behalf of the petitioners despite the case having been called twice. A co-ordinate Bench of this Court (Mahesh Grover, Judge) dismissed the petition by passing the following order:-
"The case has been called out twice.Criminal Misc. No. M-79553 of 2006 5
This is a petition under Section 482 of the Code of Criminal Procedure seeking directions to get the matter in hand investigated by the Central Bureau of Investigation.
Reply has been submitted by the State on behalf of respondents No. 2 to 4 and in para 4 it has been stated as under:-
"It is correct that the petitioner approached the higher authorities in this regard. Accordingly enquiries have already been conducted by Sub-
Divisional Magistrate, Dera Bassi, Executive Magistrate, Rajpura and Punjab State Human Rights Commission, Chandigarh (Annexures 7 to 9). All the authorities in their findings stated that death of Gurmail Singh was due to heart attack and there was no any foul play on the part of any official in the cause of death of Gurmail Singh."
Having regard to the aforesaid, which averments have gone unrebutted, I do not deem it a fit case where this Court can exercise its jurisdiction under Section 482 of the Code of Criminal Procedure for the redressal of the grievance as prayed for by the petitioners.
Dismissed."
6. Later on, an application was filed for restoration of the main petition, which was restored by the same Bench, vide order dated 13.07.09.
7. I have heard the Counsel for the parties, and, have gone through the documents, on record, carefully.
8. The Counsel for the petitioners, submitted that, admittedly Gurmail Singh (now deceased), was in Police custody, when he died. Criminal Misc. No. M-79553 of 2006 6 He further submitted that, on account of the injuries, on his fore-head and upper lip, it was established that, Gurmail Singh, died, due to Police torture, and not, on account of heart attack. He further submitted that, there was no history of heart disease, in relation to Gurmail Singh. He further submitted that, the reports, given by the Sub Divisional Magistrate, Derabassi, Tehsildar-cum-Executive Magistrate, Rajpura, and, Punjab State Human Rights Commission, Chandigarh, that Gurmail Singh, died of natural death, due to heart attack were not correct. He further submitted that, on account of the death of Gurmail Singh, in Police custody, due to torture, the concerned Police personnel, were liable to be proceeded against, by registration of a criminal case against them, and, the petitioners, were also entitled to compensation.
9. On the other hand, the Counsel for the respondents, at the time of arguments, took up the same pleas, as are contained, in the written reply, referred to above.
10. After giving my thoughtful consideration, to the rival contentions, raised by the Counsel for the parties, in my considered opinion, the petition, is liable to be dismissed, for the reasons, to be recorded, hereinafter. Undoubtedly, case FIR No. 61 dated 31.12.05 under Sections 302 and 201 read with Section 34 IPC, was registered, regarding the murder of two persons, namely Gurcharan Singh son of Chotta Singh, and, Rajesh son of Behal Singh against unknown persons. Their dead-bodies, were identified, by Gurdip Singh, brother of Gurcharan Singh. It is evident, from the record Criminal Misc. No. M-79553 of 2006 7 that, during the course of investigation, Gurvinder Singh @ Bittu son of Pal Singh, an eye-witness, named Gurmail Singh (now deceased), as one of the accused, in the aforesaid murder case. It is further evident, from the record, that he was arrested, on 03.01.06, at 10.30 PM, from Railway Station, Ghaggar Mubarkpur. After arrest, he was brought to Out-Post GRP, Rajpura, at 11.50 PM, and, DDR No. 15 dated 03.01.06 (Annexure R5), was recorded, in Roznamcha, in Out- Post, GRP, Rajpura, and, was handed over to Baldev Singh, Moharrir Head Constable (Munshi). After getting him checked, the amount of personal search of Gurmail Singh, was also deposited with the Moharrir Head Constable.
11. It is further evident, from the record, that on the morning of 04.01.06, he was taken, to the toilet, in the barracks, where, he fell down, his head struck against the wall, and, he became unconscious. When he was taken, to the hospital, he was declared, to be brought dead. Post-mortem examination, on the dead-body of Gurmail Singh, was conducted, by a Board of Doctors, and the result, with regard to the cause of death, was deferred to be given, after the reports of Pathologist and Chemical Examiner. After the receipt of reports of Pathologist and Chemical Examiner, Annexure R1 report, was given, by three doctors, that the cause of death was natural myocardial infraction (heart attack). The Sub Divisional Magistrate, Derabassi, conducted the inquiry, as per the orders of the District Magistrate, Patiala, as it was a case of custodial death. He also recorded the statements of a number of witnesses, during the course of inquiry, Criminal Misc. No. M-79553 of 2006 8 including the doctors, and, ultimately, reached the conclusion, that the death of Gurmail Singh, was due to heart attack. It is further evident, from Annexure R7 letter, written by the District Magistrate, Patiala, to the Inspector General of Police, Railway Punjab, Patiala, that the Sub Divisional Magistrate, Derabassi, opined, in his report, that Gurmail Singh, was not subjected to torture during detention. Thereafter, the inquiry was conducted, by Mandip Singh Dhillon, Tehsildar-cum-Executive Magistrate, Rajpura, and, he also found, vide Annexure R8, his report, that the death of Gurmail Singh, was, on account of heart attack. He also stated that, Gurmail Singh, was not beaten up, by the Police, and, as such, he did not suspect any foul play. Not satisfied with these inquiries, petitioner No. 1, also moved a petition, before the Punjab State Human Rights Commission, Chandigarh. The Punjab State Human Rights Commission, Chandigarh, got conducted the inquiry, from its Inspector General of Police. He got the version of Dr. Bikramjit Singh Khosa, Medical Officer, Civil Hospital, Patiala (M1). He stated that the injuries on the fore-head and lips of the deceased, as per the reports of the Pathologist and Chemical Examiner did not cause any brain hemorrhage. He gave his report Annexure P2, to the effect, that both the injuries, on the fore-head of Gurmail Singh, were not the cause of death, but, on the other hand, as per the reports of the Pathologist and Chemical Examiner, no brain hemorrhage was found. He further stated, in the inquiry report that, as per the report of the Chemical Examiner dated 10.02.06, previously also, the deceased, had suffered Criminal Misc. No. M-79553 of 2006 9 a heart attack, and, this was his second heart attack, and, as such, he died of myocardial infraction (heart attack). On receipt of the report of the Inspector General of Police, the Punjab State Human Rights Commission, Chandigarh, sent a copy thereof, to Charan Singh, petitioner No. 1, seeking his response, but, he did not come present, to file objections. As such, the Punjab State Human Rights Commission, Chandigarh, vide its order dated 28.08.06 (Annexure R9), held that, petitioner No. 1, had no objection to the report, submitted by the Inspector General of Police, after investigation. It was further held, by the Punjab State Human Rights Commission, Chandigarh, vide Annexure R9, that the deceased, died a natural death, and, no public servant, was, in any way responsible for that. Accordingly, the Punjab State Human Rights Commission, Chandigarh, came to the conclusion, that no further action, in this case, was called for, and, the complaint stood finally disposed of. Not only this, even during the pendency of this petition, untraced report in FIR No. 2 dated 09.01.06, under Section 304-A IPC, P.S. GRP, Patiala, subsequently registered against the Police officials regarding the death of Gurmail Singh, in Police custody, due to their alleged negligence was also accepted by the SDJM, Rajpura, vide detailed order dated 13.02.2010 (Annexure RX).
12. From the aforesaid discussion, it is, thus, established that, the death of Gurmail Singh, though, in Police custody, when he had been legally arrested, in the aforesaid case of murder of two persons, took place, but not, on account of the torture of the Police, but, due Criminal Misc. No. M-79553 of 2006 10 to heart attack and the injuries, found on his lips and left side of the fore-head, were on account of the reason, that, when he was taken to the toilet, he became unconscious and his fore-head struck against the wall. No ground, therefore, is made out, for directing the registration of a criminal case, against any of the officials of the Police, and investigation by the CBI, as none of them, was responsible, for the death of Gurmail Singh, deceased, nor the petitioners, are entitled to any compensation, as the death, was not, on account of Police torture, but, on account of heart attack. It is, however, pertinent to mention here, that already an amount of Rs. 6 lacs, has been paid, by the persons, referred to in para 3 above, to the heirs of the deceased, on account of his death. The petition, thus, deserves to be dismissed.
13. The Counsel for the petitioners, however, placed reliance, on Ramesh Kumar Vs. State of Punjab and others, Civil Writ Petition No. 10529 of 2004, decided, on 09.02.05, D.K. Basu Vs. State of West Bengal, AIR, 1997, (SC), 610, Phoolwati Vs. State (Union Territory of Chandigarh) and others, 2008(1), RCR (Civil), 139, and, Gauri Shanker Sharma Vs. State of U.P., 1990(1), RCR (Criminal), 291 (SC), in support of his contention that, it was a case of Police torture, which resulted, into the death of Gurmail Singh, and, as such, a criminal case, was required, to be registered, investigation was required to be conducted by the CBI and compensation, was liable, to be paid, to the petitioners. No doubt, the principle of law, laid down, in the aforesaid cases, was to the effect Criminal Misc. No. M-79553 of 2006 11 that, if it was established, from the record, that the death was, on account of the torture of the Police, while the deceased was, in its custody, then the Court, may give directions for the registration of a case, investigation by the CBI, for bringing to book the culprits and also for granting compensation, to the heirs of the deceased. There is, no dispute, with the principle of law, laid down, in the aforesaid cases. However, the facts of the aforesaid cases, are clearly distinguishable, from the facts of the instant case. In all those cases, it was prima-facie established, that the death of the deceased, was on account of Police torture, when he was in its custody. It was, under these circumstances, the Apex Court and this Court, were constrained, to give directions, for the registration of a criminal case, against the culprits, investigation by the CBI, and payment of compensation. In the instant case, as stated above, it was not established, that Gurmail Singh, was illegally detained, by the Police, but, on the other hand, it was proved that, he was legally arrested, in the aforesaid murder case. It was also prima-facie established, from the inquiry reports, referred to above, as also the evidence of the doctors, recorded during the course of those inquiries, including the reports of the Chemical Examiner, as also of the Pathologist, that the death was, on account of heart attack, and, not on account of any torture and the two injuries, on the fore-head and the lips of the deceased, were due to striking of his fore-head, against the wall, when he became unconscious, in the toilet, and, even those injuries, did not cause any brain hemorrhage, and, as such, were not the cause Criminal Misc. No. M-79553 of 2006 12 of death. In these circumstances, no help, can be drawn, by the Counsel for the petitioners, from the principle of law, laid down, in the aforesaid cases.
14. For the reasons recorded above, Criminal Misc. No. M-79553 of 2006, being devoid of merit, must fail, and the same is dismissed.
17.05.2010 (SHAM SUNDER) Amodh JUDGE