HOOR BEGUM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C. by the petitioner, Hoor Begum against the order dated 28.04.2003 passed by the learned Metropolitan Magistrate refusing to take cognizance of an offence under Section 302 IPC on the basis of a cancellation report filed by the respondent to which the protest petition was filed by the petitioner.

(2.) Briefly stated, the facts of the case leading to the filing of the present petition are that Shabab Khan aged around 20 years, the son of the present petitioner was working as a driver of Crane Lift Machine with Shivam Fork Lift Services, Paschim Vihar, New Delhi. A complaint was lodged by the petitioner on 27.03.1999 with the SHO, Police Station Nand Nagari alleging that on 28.12.1998 her son was found dead in a pond in the premises of M/s APS Enterprises, Mandawali where he was working. On receiving this information, petitioner along with her husband and the police officials reached to the spot and found the dead body of her son. It was alleged by her that her son had been murdered and had not died an accidental death due to drowning. Since the police had conducted the inquest and not registered a case under Section 302 IPC, the present petitioner was constrained to file a writ petition before this Court bearing W.P.(Crl.) No.1101/1999. The said writ petition was disposed of by Division Bench of this Court directing SHO Nand Nagari to register an FIR and investigate the matter. Accordingly, an FIR No.731/1999 under Section 302 IPC was registered at P.S. Nand Nagri. The police conducted the investigation and recorded the statements of the witnesses and filed a report under Section 173 Cr.P.C. for cancellation of the case stating that the death of the deceased had taken place on account of an accident by drowning. The complainant, namely, the present petitioner was issued notice about the said cancellation report, whereupon she filed a Protest Petition and took the plea that Daulat Ram and Raju came to her house at Dabar Faridabad, Haryana and called the deceased to accompany them to factory, where he was killed and thereafter his body was thrown into the deep pond. It was alleged that in the month of December, it was very unlikely that the deceased would go for a bath in the pond when the water is cold and, therefore, this was a case of homicide and not accidental death.

(3.) The postmortem report of the deceased indicated that there were mild abrasions on the head and the forehead. These injuries in my opinion are not of such a significance, so as to arouse suspicion about foul play as these injuries can be sustained on the body, when the same is being fished out from the water. The death of the deceased was attributed to asphyxia due to drowning. Similarly, the CFSL report of the viscera of the contents marked as exhibits 1,2,3 & 4 gave negative test with regard to any common poison and thus, it completely ruled out foul play on the part of any person including the employer or the helper.