INDER SINGH Vs. SHIV CHARAN

JUDGEMENT

(1.) THIS order shall dispose of Crl. Misc. No. 27929-M of 2001, Inder Singh v. Shiv Charan and another, and Crl. Misc. No. 28752-M, Mohinder singh v. Shiv Charan and another, as they both arise out of the same FIR.

(2.) BRIEFLY stated, the facts are that Ravinder Yadav (now deceased) and others were required by the police in case FIR No. 89 dated 5.5.1999 under Sections 198-A, 304-B, IPC, registered at Police Station Sadar, Rewari, in connection with the alleged dowry death of his wife namely Smt. Ramesh who is alleged to have committed suicide by jumping into the well. Ravinder Yadav was summoned at the police station in connection with the interrogation of that criminal case but he died in police custody. His father Shiv Charan son of Umaro was not satisfied with the explanation and reasoning given by the police leading to his death. So, he ultimately filed a petition under Section 482, Cr.P.C., in the High Court which was allowed vide order dated 24.8.1999 directing the Superintendent of Police, Rewari, to get a case registered with regard to the death of Ravinder Yadav on the basis of the averments made in the said petition and to entrust the investigation to a Senior Police Officer not below the rank of Deputy Superintendent of Police. In compliance with the directions of this Court, case bearing FIR No. 255 dated 7.9.1999 under Section 302 read with Section 34 IPC, was registered and the investigation was jointly conducted by DSP, H.Q. Shri Daya Krishan, DSP H.Q. Laxman Dass and Karnail Singh DSP Kosli. They found petitioner Inder Singh M.H.C. and his co-accused Mohinder Singh to be innocent and sent the cancellation report.

(3.) AFTER going through the oral as well as documentary evidence adduced, the learned Chief Judicial Magistrate, Rewari, came to prima-facie conclusion that the petitioner and his co-accused had committed the offences punishable under Sections 323, 342, 302, 504, 506, IPC, and as such, issued summons to them.