CATHRINE BHATTI Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure is for directing Respondent Nos. 1 to 4 to register an FIR under Section 302, 34, 120 -B IPC against the Respondents/accused Nos. 5 to 9. Prayer has also been made that the body of Agnellous Bhatti be exhumed and examined by a Board of Doctors other than Amritsar district.

(2.) BRIEF facts of the case are that Petitioner is a widow of Agnellous Bhatti who died on 4.11.2010. The death is being described as suicide but the Petitioner alleges that it is a case of murder. Agnellous Bhatti was Junior Engineer and had undergone various maritime courses. He had undergone a training course at Navel Meritime Academy with respect to Helicopter under water escaped training. Total service rendered at Sea by Agnellous Bhatti is 14 years 2 months 2 days. He had been residing at Thane because of his employment along with his wife and children namely Christie, Bertha and Augustine. Petitioner has been residing in Thane since 1993 in a flat owned by Agnellous Bhatti. Agnellous Bhatti was earning well as he was employed on the high seas. He took all steps to help his brother in Amritsar. In last week of July 2010 he had come to visit Amritsar to be with his brothers and other relations. On his way back, he got his ticket cancelled to be with his family. The Petitioner along with his daughters went to Mumbai. On 3.11.2010, there were telephonic conversations between him and his wife regarding some amount of money which he had given to his brothers. On 4.11.2010 the Petitioner received an information from Domnic Bhatti, brother of Agnellous Bhatti, that Agnellous Bhatti had committed suicide and was no more. She rushed to Amritsar. Agnellous Bhatti was buried as per Christian rites and ceremonies at Pakharpura (Amritsar). On 13.11.2010 the Petitioner got to see the postmortem report. Some photographs were taken at the time of burial. There was one injury on the side of the left eye and another injury on the forehead above the left eye. As per the post -mortem report the cause of death was suicide. There was no mention of injuries on the face which were evident from the photographs taken at the time of burial. A complaint was filed on 15.11.2010 to the Police Commissioner, Amritsar. The Petitioner alleges that the brothers of the Petitioner had a motive to kill Agnellous Bhatti as he had advanced money to his brothers. On asking them to return the same, they started troubling him and ultimately murdered Agnellous Bhatti. The complaint of the Petitioner is that instead of doing proper investigation by exhuming the body and getting the same re -examined, the police delayed the investigation and submitted a report that no offence is made out. In the above circumstances, this petition has been filed seeking a direction to exhume the body of Agnellous Bhatti and get it examined by the Board of Doctors not belonging to the Amritsar district. A report was submitted by the Assistant Commissioner of Police dated 14.12.2010 wherein it has been mentioned that it is a case of suicide and not a case of murder. A petition before Punjab State Human Rights Commission has been filed on 10.12.2010 in which report of the Commissioner of Police, Amritsar, has been stayed and the next date of hearing is 24.3.2011. On notice, reply by way of affidavit of Kirpal Singh, Assistant Commissioner of Police (North), Amritsar (City) has been filed on 20.2.2011 and affidavit of Inspector Dinesh Singh, SHO, Police Station Sadar, Amritsar (City) has been filed on 22.2.2011.

(3.) MS . P.K. Sekhon, Counsel for the Petitioner, has vehemently argued that her husband was earning well and in due course of time used to help his brothers by lending money. In July 2010 when he had visited with his family to Amritsar, he did not return back with his wife and children to Mumbai in November 2010. During this period, he tried to recover the amount of money which he lend to his brothers but they given him a cheque of Rs.50,000/ - only and declined to make the remaining payment. On the night of 3.11.2011 as per telephonic call from Domnic Bhatti the Petitioner was informed that her husband would be killed. From the post -mortem report and photographs clicked at the time of burial there were injuries on the person of Agnellous Bhatti which would not relate to the suicide by hanging. As per the Counsel all these facts indicate that it was not a case of suicide.