SUNITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed under Article 32 of the Constitution of India seeking Court-monitored investigation/constitution of SIT by this Court in respect of FIR Nos. 221 of 2001 and 228 of 2002 registered at Police Station Pilakhua, Uttar Pradesh.

(2.) The brief facts of the case are that Smt. Seema Garg, daughter-in-law of petitioner No.1, and her two children were murdered on 24.7.2001 and an FIR No.221 of 2001 to this effect was lodged in Police Station Pilakhua, U.P. under Sections 302/394 of the Indian Penal Code, 1860 (for short 'the IPC') and the investigation started. On 17.8.2001 the police filed the charge sheet in Session Trial No.977 of 2001. Nitin Garg, husband of deceased-Seema Garg, was arrested by the police on account of suspicion. Nitin Garg moved a writ petition before the Allahabad High Court for transfer of investigation of the case to an independent investigating agency. On 16.7.2002, Nitin Garg was also murdered and the second FIR No.228 of 2002 was lodged. The Trial Court by its judgment dated 16.10.2004 in Session Trial No. 977 of 2001, acquitted the accused persons observing as under:

(3.) In FIR No.228/2002, pertaining to the murder of Nitin Garg, which has been investigated by the State Police, the Fast Track Court, Ghaziabad, by its judgment and order dated 27.08.2004 acquitted the accused persons, namely, Sunil Kumar Bansal, son of Suresh Chand, Pradeep, son of Suresh Chand, Harish and Rinku sons of Brijesh. The acquittal of accused persons in the murder of Nitin Garg was confirmed by the High Court. The Special Leave Petition filed before this Court against the said judgment was also dismissed.