Punjab-Haryana High Court
Sunil Kumar vs State Of Haryana And Others on 14 January, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
Crl. Misc. No. M 25171 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. No. M 25171 of 2011
Date of decision: 14.01.2014
Sunil Kumar ........ Petitioner
Versus
State of Haryana and others .......Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
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Present: Mr. R S Mamli, Advocate
for the petitioner
Mr. Rajeev Kumar Kawatra, Sr. DAG, Haryana
Mr. Arjun Lakhanpal, Advocate
for respondents No. 4 to 7
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1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in
the Digest?
Rekha Mittal, J.
The petitioner has preferred petition under Section 482 of the Code of Criminal Procedure (in short, 'the Act') seeking direction for handing over the investigation to the Central Bureau of Investigation (in short, 'the CBI') or other independent agency to investigate the matter in FIR No. 106 dated 13.03.2011 under Sections 302 and 34 of Indian Penal Code, registered at Police Station Sadar Fatehabad, District Fatehabad.
Counsel for the petitioner contends that respondents No. 4 to 7 inflicted injuries to Parmanand son of Dev Karan, parental uncle of the Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M 25171 of 2011 2 petitioner (Taya) when the petitioner and the deceased requested the assailants to desist from damaging the wall of the temple. The deceased was given slaps and fist blows by the accused and as a result thereof, the victim became unconscious and died due to injury on the way to hospital.
Counsel for the petitioner submits that as the private respondents are influential persons having links with the local MLA, the police has not initiated any action against them. It is further submitted that as per post mortem examination of the deceased, two injuries were found i.e. abrasion 1.7 x 1.2 cm on interior aspect of left knee and abrasion 0.3 x 0.2 cm on left upper eye lid.
Counsel for the official respondents has submitted that during investigation conducted by the investigating agency, no incriminating evidence was found against the private respondents and a cancellation report has been prepared in the matter. It was revealed during investigation that Sonu son of Bajrang and Bajrang Dass son of Richhpal were not present at the time of occurrence and they were found innocent. It was further revealed that Parmanand, an old aged person, was suffering from heart problem as well as asthma. He chased Sandeep son of Parhlad about 1½ kms., as a result, he fell on the stairs in front of Mandir and died on the way to Hospital. As per medical opinion in regard to cause of death, the deceased was suffering from atherosclerosis, which may/can precipitate cardiac arrest leading to death. The last submission made by counsel is that cancellation report has been prepared in the matter and the petition is liable to be dismissed and liberty may be granted to the petitioner to take appropriate steps to express his grievance against the said cancellation report.
Bimbra Mohan Lal2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M 25171 of 2011 3
Counsel for the private respondents, in addition to the arguments made by counsel for the State, has submitted that a natural death of Parmanand is sought to be given the colour of murder by lodging a false FIR against the respondents due to dispute in regard to temple between the parties. No such occurrence ever took place and Paramanand deceased sustained injuries as he fell on the stairs of temple after he chased Sandeep son Parhlad. The investigation in the case was handed over to the Deputy Superintendent of Police (City) Fatehabad, as per order Annexure R1 passed by the Superintendent of Police, Fatehabad. The Deputy Superintendent of Police (City) Fatehabad in compliance with the directions of this Court, issued vide order dated 16.04.2012 as well as order passed by the Superintendent of Police, Fatehabad conducted a thorough investigation in the matter and arrived at the conclusion that death of Paramanand was not caused due to inflicting of injuries by any person and case was falsely registered. It is further submitted that there is no medical evidence to support the contention of the petitioner.
I have heard counsel for the parties and gone through the records.
A perusal of the FIR would reveal that as per averments set out by the petitioner (complainant therein), the assailants gave kick, fist blows and slaps to the deceased. He has not explained the seat of any injury caused to the victim. As per the post mortem report, two injuries in the form of abrasions were noticed on the left knee and left upper part of eye lid of the deceased. There is no opinion that the injuries were grievous in nature much less could be the cause of death in the ordinary course of nature. It is also doubtful if the fist, kick blows and slaps can cause injury Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M 25171 of 2011 4 in the nature of abrasion but conversely, abrasion injury can be sustained by fall on a hard surface. As per medical opinion, the deceased was suffering from atherosclerosis.
Now the question arises as to what is atherosclerosis. Atherosclerosis is a disease in which plaque (plak) builds up inside the arteries. Arteries are blood vessels that carry oxygen rich blood to the heart and other part of the body. Plaque is made up of fat, cholesterol, calcium and other substances found in the blood. Over time, plaque hardens and narrow the arteries which limits the flow of oxygen rich blood to the body. Atherosclerosis can lead to serious problems including heart attack, stroke or even death.
The petitioner has primarily raised a plea that the private respondents are being shielded due to influence of local MLA. It is very easy to level allegations, but difficult to substantiate and sustain those allegations. There is nothing on record to support the plea of the petitioner that a fair investigation has not been conducted in the matter due to some political interference.
Keeping in view the medical opinion after taking into consideration the report of the Forensic Science Laboratory and Pathology coupled with the nature of injuries sustained by the victim in view of his post mortem report, I find it difficult to accept the contention of the petitioners that the respondents caused injuries to the deceased leading to his death, which requires intervention by this Court for transfer of the investigation to any other agency much less CBI.
In view of what has been discussed hereinabove, finding no merit, the petition is dismissed. However, the petitioner shall be at liberty Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M 25171 of 2011 5 to raise all available pleas during hearing on the cancellaton report, which may be submitted by the investigating agency in due course of time.
(Rekha Mittal) Judge 14.01.2014 mohan Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh