Punjab-Haryana High Court
Bhola Ram vs The State Of Punjab And Others on 3 February, 2011
Crl. Misc. No.M-31484 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-31484 of 2008
Date of Decision: 03.02.2011
Bhola Ram
....Petitioner
Versus
The State of Punjab and others
...Respondents
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Ms. Swatanter Kapoor, Advocate
for the petitioner.
Mr. K.S. Pannu, D.A.G., Punjab
for the respondent-State.
*****
1. Whether Reporters of Local Newspapers may be
allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the
Digest ?
**
NIRMALJIT KAUR, J. (ORAL)
This is a petition under Section 482 Cr.P.C for thorough and impartial investigation into the murder of the son of the petitioner and for handing over the investigation to some independent agency.
Vide detailed order dated 26.05.2009, this Court had directed the Director General of Police, Punjab to get the matter enquired into by some senior officer with further direction that the enquiry report be placed on record on or before the next date of hearing.
In pursuance to the said order, the enquiry was got conducted by the Superintendent of Police Crime-2, Punjab, Chandigarh. Superintendent of Police Crime-2, Punjab, Chandigarh has submitted his report dated 29.09.2009. The conclusion of the said report reads as under :-
Crl. Misc. No.M-31484 of 2008 2
"During enquiry conducted till date from the facts came in light I reached on the conclusion that regarding the death of Master Darshan Singh son of Bhola Ram, resident of Bhadaur, during enquiry no such witness, concrete evidence or any eye witness of the occurrence came in light, from where it be proved that any person thrown Master Darshan Singh in the water dead or alive. But this fact has already been proved by the doctors in their medical reports that the injuries received by deceased Master Darshan Singh have not been inflicted by any person, rather the same are found to be received while drowning in the water with blunt object or striking against the side of canal or some hard object in water. It is found that Master Darshan Singh has died due to drowning in the water according to medical report. No hand of Gurcharan Singh Ladda son of Malkiat Singh and Darshan Singh servant son of Jangir Singh residents of Bhadaur in the death of Master Darshan Singh is found and they are not responsible. Keeping in view the above circumstances, no need to take any action in this case at this stage."
Learned counsel for the petitioner while expressing dissatisfaction with the enquiry conducted pointed out certain discrepancies in the said report and submitted that the Board of Directors while answering to the specific query stated as under :-
Query No.10. Whether the death of the deceased is due to drowning or otherwise ?
Option No.10 : From the perusal of the record received it is not possible to comment about the definite cause of death in this case.
Whereas, in the said report, the finding given is that the deceased died due to drowning.
Heard.
No cause of death has been stated by the Board of Directors.
As such, the cause of death was to be ascertained from other Crl. Misc. No.M-31484 of 2008 3 circumstantial evidence. The police, after investigation, as on date has come to the conclusion that the deceased had indeed died on account of drowning and the only injury on the deceased was on account of his striking against the side of canal or some hard object in water.
Taking into account the report, no further order is required to be passed at this stage. However, in case, any evidence or clue is brought to the notice of the Investigating Agency, the matter can always be reopened and investigated afresh in terms of clue and evidence provided to them.
The above order shall not come in the way of the petitioner if he shall wishes to file a criminal complaint or avail of any other remedy as available to him under law and if so advised.
(NIRMALJIT KAUR) 03.02.2011 JUDGE gurpreet