RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner - the unfortunate father of Rahul, who is alleged to have been done to death by the accused named in FIR No. 154 dated 10.4. 2017, attached as Annexure P-2 with this petition. The petitioner seeks entrustment of the investigation of FIR No. 154 dated 10.4. 2017 to respondent No. 6- CBI, while alleging that the police officials in connivance with the accused, are not investigating the matter in a proper manner.

(2.) It is contended that the murder of the petitioner's son has been illegally given a colour of suicidal death. The petitioner's son is stated to have been murdered on account of his relations with the daughter of the accused - Ghanshyam. It is submitted that the petitioner's son, aged about 25 years was serving as Points man with the Railway authorities, Babrala. The petitioner belongs to the Yadav community. The petitioner's son developed friendly relations with the daughter of Ghanshyam who belongs to the Brahmin community and both of them were deeply attached to each other. This was not to the liking of the girl's family. It is averred that on the intervening night of 3/04.04.2017, the petitioner's son was returning home after completing his duty when he was caught hold of by the accused persons and taken to the house of the accused, GhanshyamPandit. The petitioner's son is alleged to have been murdered by the accused persons and thereafter hanged from the ceiling fan in the house of GhanshyamPandit. After hanging the petitioner's son, the accused persons came to the petitioner's house to inform that they have hanged Rahul in their house after confining him in a room. The petitioner rushed to the house of Ghanshyam Pandit along with his other son - Rohit, his wife Sushma and others from the neighbourhood and discovered his son Rahul hanging from a ceiling fan. Rahul was brought down and taken to the Life Care Hospital, Rewari for treatment on the intervening night of 3/04.04.2017 and to be precise he was taken to the hospital at 2.45 AM on 04.04.2017. The police was immediately informed by the hospital authorities. Despite intimation, FIR was not registered and it is only on 10.4.2017, that an FIR under Sections 323, 341, 342, 148, 149 IPC was registered. The petitioner's son however, succumbed to his injuries on 12.4.2017 at 7.30 AM at Park Hospital. Post-mortem was conducted on 12.4.2017 at 4.15 PM. Post-mortem report is attached as Annexure P-3 with the petition. Offence punishable under section 302 IPC was added after the death of Rahul.

(3.) It is further submitted that instead of taking any action against the accused persons, respondent No. 5 in connivance with the accused persons got registered FIR No.0164 under section 451 IPC on 13.4.2017 against the petitioner's son on a written complaint dated 13.4.2017 submitted by Sushma wife of Ghanshyam. The FIR attached as Annexure P-4, it is submitted, was peculiarly registered after the petitioner's son had died on 12.4.2017.