REKHA DEVI SINGH Vs. STATE OF C G

JUDGEMENT

(1.) By this petition, the Petitioner seeks a writ in the nature of mandamus directing the Respondents to investigate into the matter with regard to alleged murder of his husband or, in alternative, to set an enquiry either by the Central Bureau of Investigation or Crime Investigation Department or any other investigating agency for reinvestigating the matter.

(2.) The facts, in nutshell, as projected by the Petitioner, are that Petitioner is the wife of Late Devcharan Singh, who was murdered on 22.10.2008. He was working with the Railway Department, as contractor. Devcharan Singh (in the affidavit and some other documents, the deceased person is named as Durga Charan Singh, and the Petitioner as wife of Durga Charan Singh) died on receiving a gun shot injury in the chest which was allegedly fired by a short heighted person, when the deceased was in front of the Railway Construction Office campus alongwith one Surendra Singh. The grievance of the Petitioner is that the Respondent authorities are not conducting the investigation in a fair manner in respect of crime No. 347/2008, registered on account of murder of her husband, and crime No. 466/2008 registered in respect of theft in the house of Surendra Singh, where at the relevant point of time, the deceased was residing as tenant.

(3.) Smt. Kochar, learned Counsel appearing for the Petitioner would submit that the Respondent authorities are trying to save the actual culprits and have falsely implicated Jai Prakash Singh, in the case. Even after making various representations and affidavits by the Petitioner as well as brother of the deceased, Shivcharan Singh, before the Respondent authorities, the Respondent No. 6 has declined to seize the CD. and other relevant materials or to consider the representation/affidavit, which may be helpful in identifying the actual culprits. The investigation of the Respondent authorities appears to be doubtful as even the physical appearance of one of the accused namely Mohammad Ashraf Ali, who is alleged to have fired gun shot on the deceased, does not match with what has been recorded in the F.I.R. which goes to show that the actual culprits are still out of the clutches of the investigating authorities. On the contrary, the Respondent authorities are harassing the Petitioner and have falsely implicated one Jai Prakash Singh, who is close relative of the deceased.