PRAKASH DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been filed seeking directions for foolproof, free and fair investigation by an independent agency like CBI, Special Crime Branch and asking State to file Status Report. The petitioner is mother of the deceased Ms. Sandhya, who was married to respondent no. 6. The allegations made in the FIR are that Sandhya was beaten and assaulted for bringing more dowry. The date of death of Sandhya is 3.5.2007 and parents were informed of illness, seriousness and death. The deceased was cremated on the same day. FIR was lodged on 7.5.2007. At that time, police did not have the advantage of having the body of the deceased, so no inquest could be conducted. The cause of death of the deceased could have been found by postmortem and by inquest report by looking at the visible injuries, if any. The allegations were made by the petitioner regarding medical treatment, non providing of medical assistance to the deceased during investigation. These were investigated by the police. Police collected all record of the medical treatment of the deceased and placed it before a board of doctors for opinion. Board of doctors after going through the medical record gave opinion that Sandhya was being provided pre-natal care and treatment by qualified doctor. However, the cause of the death could not be ascertained on the basis of the medical record. There was no other evidence before the police. The medical record also showed that the deceased was suffering from respiratory illness and had been under continuous treatment.

(2.) The learned counsel for the petitioner states that this is no investigation. Neither it can be called a fair investigation. It seems that the petitioner is interested that in-laws and husband of the deceased should be arrested and subjected to custodial interrogation. I consider that a free and fair investigation is to be looked from the angle of the investigatory agency and not from the angle of the victim. A victim may not always be satisfied with the investigation because victim has emotional attachment with the deceased. If victim has this feeling that deceased had suffered at the hands of in-laws, then victim cannot be satisfied with any investigation which exonerates in-laws. This belief in the mind of the victim cannot be wiped out howsoever fair investigation may be. The fairness of the investigation on the part of the police can be doubted only if, police does not act in accordance with law or does not make an effort to find the cause of death and the culprits. A license cannot be given to police to arrest people here and there just to satisfy others. I consider that investigation of cases of dowry death and other cases, which are registered with the police can be very well handled by the local police. Investigation of these cases cannot be transferred to CBI or a Special Investigating Agency. Investigation to CBI can be transferred only in rare cases, where the Court feels that a more specialized agency is required to investigate the matter.

(3.) I find no force in the writ petition. The petition is hereby dismissed.