Punjab-Haryana High Court
Sajjan Singh vs State Of Punjab And Others on 9 January, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
CRIMINAL MISC. M NO.6197 OF 1998 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: JANUARY 09, 2012
Sajjan Singh
.....Petitioner
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Ranjan Lakhanpal, Advocate,
for the petitioner.
Mr. Gaurav Garg Dhuriwala, DAG, Punjab,
for the State.
*****
RANJIT SINGH, J.
The petitioner has prayed for an independent probe, preferably by C.B.I to enquire into the custodial death of his father, Dalip Singh, who died while in police custody. The petitioner claims that his father was brutally murdered while he was in the custody of Police Station, Samana, District Patiala.
It is stated that father of the petitioner was involved in a false case concerning the death of petitioner's CRIMINAL MISC. M NO.6197 OF 1998 :{ 2 }:
wife and an FIR No.69, dated 19.3.1995, was registered under Sections 302 and 201 IPC. Father, mother and brother of the petitioner were picked up by the police on the morning of 19.3.1995 and taken to Police Station, Samana. The petitioner too was arrested and taken to the same Police Station in the evening. He allegedly saw his father being tortured very badly by DSP Pritpal Singh, Inspector Darshan Singh, Gurpreet Singh and some other policemen. As per the petitioner, his father fainted thereafter and was thrown into the Cell by locking the door. It is at mid night that his father gained consciousness and demanded water. He also complained severe pain in his abdomen. It is alleged that DSP Pritpal Singh hit him with stick in his abdomen, for which he complained of a severe pain. The petitioner statedly requested the Constable to take his father to the hospital but he rather faced rebukes. His father thereafter passed away. Sarpanch of the village was called and body of his father was cremated in the Cremation Ground of their native village. The petitioner, his mother and brother were taken to attend the cremation. It is alleged that DSP Pritpal Singh forced the petitioner to sign certain blank papers. The DSP had also threatened the petitioner that he would meet the same fate if he reported the matter. It is further alleged that DSP Pritpal Singh demanded a sum of Rs.60,000/- from the brother of the petitioner for his release. His brother CRIMINAL MISC. M NO.6197 OF 1998 :{ 3 }:
somehow arranged this amount and was able to secure his release and that of their mother. The petitioner, however, was kept in a lock up and finely made to face a trial in the FIR, which was registered in this case. The petitioner, however, was acquitted of the charge. Only upon being released from jail, he has filed the present petition, seeking independent probe in regard to death of his father.
The respondents have filed a reply, disputing the facts as alleged in the petition. It is stated that father of the petitioner was arrested in FIR registered under Sections 302 and 201 IPC for death of Kuldip Kaur, wife of the petitioner. One Balwinder Singh son of Milkha Singh, resident of Village Rattanheri was also lodged in this lock up alongwith father of the petitioner. It is stated that father of the petitioner was 65 to 70 years old and complained of a chest pain and thereafter he died. Board of Doctors at Civil Hospital, Samana, had conducted the post mortem of the deceased and had opined that death in this case was due to myocardial infarctions which was found sufficient to cause death in ordinary course of nature. Copy of the post mortem report has also been placed on record.
The death of the deceased was further enquired into by holding a magisterial enquiry, which was conducted by Sub Divisional Magistrate (Civil), Samana. The Magistrate had recorded the statement of Balwinder Singh son of Milkha CRIMINAL MISC. M NO.6197 OF 1998 :{ 4 }:
Singh, ASI Ajaib Singh, Head Constable Paramjit Singh, Gurmail Kaur daughter of Dalip Singh, Constable Didar Singh, Baljinder Kaur wife of Sukhwant Singh daughter of Dalip Singh, Amarjit Kaur, another daughter of Dalip Singh, besides the statement of Dyal Kaur wife of Dalip Singh, Jagtar Singh son of Dalip Singh (brother of the petitioner), Gurdial Singh, Joginder Singh and Karnail Singh etc. The Magistrate finally gave a report that Dalip Singh died due to shock being under the effect of family affairs and no police officer was liable for his death. The copy of this report has also been annexed with the reply.
Balwinder Singh son of Milkha Singh has stated in this enquiry that late Dalip Singh kept on talking to him that his son had killed his daughter-in-law and he did not know what will happen to him. Dalip Singh had also allegedly disclosed to Balwinder Singh that he could not bear this incident of shock. Balwinder Singh found him perplexed. The deceased had gone to ease himself at about 3/4 A.M and thereafter complained of pain in chest at 5 A.M. Balwinder Singh then called the Santry and the `Munshi' and they took him to the hospital, where he statedly died.
It is now to be seen in this background whether any case for directing any independent probe is made out at this stage. It is seen that the petitioner alongwith is family members was arrested in a serious offence of murder.
CRIMINAL MISC. M NO.6197 OF 1998 :{ 5 }:
Though the petitioner may have been acquitted of this murder charge but apparently there is no viable reason for the police to torture his father in a case where he was arrested for alleged murder of his daughter-in-law. Father of the petitioner was aged person and as per the evidence, had died of myocardial infarctions. Magisterial enquiry was held and no police officer was found to be blame worthy. The deceased had died in the hospital. If there had been any case of torture, leading to death, obviously that would have surfaced either in the magisterial enquiry or during the post mortem examination. This death took place in the year 1995. The present petition was filed in the year 1997. This petition was listed on various dates and was finally adjourned sine-die on May 23, 2007, when none appeared on behalf of the petitioner.
Mr.Lakhanpal has pointed out to the post mortem report as per which, some abrasion and contusion were noticed on the body of the deceased. The opinion of the Board is that the death was due to myocardial infarctions. The case has already been enquired into by a Magistrate.
In view of the magisterial enquiry, which has already been conducted in this case and the fact that the petitioner has not been able to show any cogent evidence that it is a case of a death on account of police torture while the deceased was in legal custody of the police, no case for CRIMINAL MISC. M NO.6197 OF 1998 :{ 6 }:
directing any further probe is made out. The petitioner, however, if is still feeling aggrieved, then he may have his remedy of filing a complaint.
This petition is accordingly disposed of.
January 09, 2012 ( RANJIT SINGH ) khurmi JUDGE