BEANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petition has been filed under Section 482 of the Code of Criminal Procedure ("CrPC" - for short) for directing respondents No. 2 and 3 to conduct a fair and impartial investigation in FIR No. 111 dated 28.10.2009 registered at Police Station Kot Bhai, District Muktsar for the offence under Section 302 Indian Penal Code ("IPC" - for short). A further prayer has been made for directing respondents No. 1 to 3 to furnish status report and for directing SHO, Police Station, Kot Bhai, District Muktsar (respondent No. 3) not to act as per the wishes of respondents No. 4 to 6 and not to harass and humiliate the petitioner and his family members..

(2.) It is alleged by the petitioner that he is working as a Mason and his other two brothers are also Masons. It is alleged that Jagat Singh, Jagtar Singh and Gurtej Singh sons of Balwinder Singh (respondents No. 4 to 6) respectively had taken forcible possession of the land of Gurtej Singh father of the petitioner and Thakur Singh, father's elder brother (Taya) of the petitioner. In this regard Gurtej Singh and Thakur Singh had filed a case in the Courts at Bathinda. Because of this Jagat Singh and Ors. (respondents No. 4 to 6) had caused injuries to Gurtej Singh, father of the petitioner and Gurdev Singh, father's younger brother (Chacha) of the petitioner as also to Atma Singh, father's elder brother (Taya) of the petitioner. Regarding this also a case was pending against Jagat Singh and others in the Courts at Bathinda. The brother of the petitioner namely Kakko Singh (deceased) was working at Alamwala in connection with construction. Because of the date of hearing fixed in the Court, Kakko Singh had come to village Abloo. It was about 7.00 p.m., the complainant Beant Singh, his father's elder brother (Taya) namely Thakur Singh were returning to their house at village Abloo from village Kotli. When they reached near the house of Mandir Singh son of Jora Singh, some people had gathered there. A person was lying at water works street along with his motorcycle. When the complainant and his father's elder brother (Taya) saw that person, they found that he was Kakko Singh, brother of the complainant. Then they disentangled him from the motorcycle and they saw that he had suffered injuries on his head and on the right knee as also injuries on his body; besides, his left arm was broken. The motorcycle was damaged from the front side. They had a dispute regarding land with respondents No. 4 to 6 and they had threatened them. Therefore, the complainant had a firm belief that respondents No. 4 to 6 in connivance with each other had caused the death of Kakko Singh, brother of the complainant after inflicting injuries and tried to give it a shape of an accident.

(3.) Learned Counsel for the petitioner has submitted that the police is not taking any action in the matter. It is submitted that in view of the earlier litigation between the parties, respondents No. 4 to 6 had murdered Kakko Singh, brother of the petitioner.