OM PARKASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioner for directions to the official respondents to register an FIR for the murder of Sanjiv Kumar @ Sanjay Kumar (son of the petitioner) under Sections 364/302/149 IPC and for issuing direction for conducting an impartial enquiry into the abduction and murder of Sanjiv Kumar @ Sanjay, deceased.

(2.) IN the petition it was alleged that on 24.12.1996 a case bearing FIR No. 1236 under Sections 302/148/149 IPC was registered in P.S. City Karnal, on the statement of Sanjay Kumar (deceased), against various persons named in para two of the petition, in respect of murder of one Sanjiv Kumar s/o Mohkam Singh. It was alleged that in the said murder case said Sanjay Kumar (son of Om Parkash Sharma, petitioner) was an eye witness and the said case was pending in the Court of Sessions Judge, Karnal, for prosecution evidence for 22.9.1998. It was alleged that pressure was put on Sanjay Kumar (deceased son of Om Prakash Sharma) to resile from his statement in the said murder case but he had refused. Details were given with regard to the threats and inducements offered to him in this regard. It was further alleged that on 13.8.1998 Sanjiv Kumar was abducted by Vajinder Kumar and Pawan Kumar accused from the shop of Somi Ram at about 1.00 p.m. and that on the next morning, on 14.8.1998 at 8.30 a.m. accused Vajinder Kumar told Satpal that the dead body of Sanjiv Kumar was lying in the Maruti car and thereupon the dead body was removed to the hospital where the post mortem was conducted. The police recorded the statement but inspite of that no FIR was registered.

(3.) IN reply to the main petition, it was alleged by DSP Sant Lal on behalf of respondents 1 to 3 that as per the report of the Chemical Examiner, the death of Sanjay Kumar due to alcohol and opium could not be ruled out. It was further alleged that the FIR in this case was registered on 3.9.1998 and on the same day the case was handed over to Inspector Ramesh Kumar of CIA Staff, Karnal. It was further alleged that since the allegations were levelled against local police, the Superintendent of Police had sent a D.O. letter to D.G.P. Haryana for handing over the investigation to CID Crime Branch. It was further alleged in the said written reply that as per the investigation carried out by the Inspector, CIA Staff, which was verified by DSP Sant Lal, there was no nexus between the previous occurrence of murder in which Sanjiv Kumar was witness and the death of Sanjiv Kumar.