RAJ RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioners, seeking transfer of investigation of case FIR No. 174 dated 9.3.2000 under Sections 365, 341 and 302 IPC (the FIR was originally registered on 9.3.2000 under Sections 365 and 341 IPC and later on the offence under Section 302 IPC was also added on 15.3.2000 after recovery of the dead body of Des Raj, deceased from the canal), to the CBI. Petitioner No. 1 Smt. Raj Rani is the widow of Des Raj deceased, while petitioner No. 2 Sandeep Kumar is brother-in-law of the deceased.

(2.) IN the petition, a detailed history has been given about the dispute regarding paddy between Des Raj deceased and respondent No. 4 H.S. Bains, District Manager, Markfed. It was alleged that on 7.3.2000, Des Raj had left for Samana at about 4.30 or 5.00 p.m. to drop Mr. Darshan Singh at Samana and after dropping Darshan Singh at Samana, Des Raj left for village Todarpur where he reached at about 8 p.m. and had left Todarpur between 8.30 and 8.45 p.m. on the night of 7.3.2000 but never returned home. It was alleged that the car driven by Des Raj was found abandoned on the road leading to Patiala near the rice sheller of Hardaspur with blood-stains on it. It was alleged that FIR under Section 365 IPC was registered on 9.3.2000 against respondent No. 4 H.S. Bains, District Manager, Markfed, Ashwani Kumar Field Officer Markfed alongwith Gian Chand Bhardwaj and Rishi Goyal who are connected with the trade of rice shelling. It was further alleged that a few days after, the dead body of Des Raj was fished out from Bhakra Canal with his head badly smashed and as per the post mortem report the cause of death was injuries received on head which were sufficient to cause death in the ordinary course of nature. It was alleged that thereupon the offence under Section 302 IPC was also added on 15.3.2000. It was alleged that inspite of the FIR having been lodged and the persons named therein, the police of District Patiala had not even arrested or interrogated the said accused in the said F.I.R. In this manner the local police was trying to shield the accused as they are powerful, influential and resourceful officers. It was further alleged that the police had arrested three other persons, who according to the police had already confessed their guilty and had stated before the police that they had killed Des Raj for the purpose of robbing him. No other motive has been narrated by these persons for killing Des Raj. It was accordingly prayed that the matter be got thoroughly investigated from the CBI so that real culprits may be brought to book. It was also alleged in the said petition that in connection with some other incident a CBI inquiry has already been ordered against respondent No. 5 Ashwani Kumar, Field Officer, Markfed, in another murder case in which said Ashwani Kumar was an accused.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.