MAMTA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is seeking a writ of Mandamus directing the respondent No.1 to grant her compensation to the tune of Rs. 3 lacs on account of death of her husband - Bhagwan Dass.

(2.) AN application was made by one Chander Pal under Section 97 Cr.P.C. before the Sub Divisional Magistrate Panipat for issuing search warrants to secure the person of his wife Smt. Kamlesh and his minor son Amar Pal along with Krishan Pal who had abducted them and confined them at his house at Marisajan Sahan, Railway Colony, Itawa (UP). Vide order dated 22.5.1996 the Sub Divisional Magistrate, Panipat, directed the S.H.O. Police Station, City, Panipat for search of the above said persons.

(3.) PURSUANT to the above said directions a police party was formed comprising of ASI Kartar Singh (respondent No.3), Constable Gurdial Singh (respondent No.4) and another Constable namely Dalbir Singh along with one Daanvir and Chander Pal. The police party hired the taxi of Bhagwan Dass (deceased), husband of the petitioner, and in his taxi No. HR -06 -4382 started for Itawa on 27.5.1996. Krishan Pal was arrested and thereafter the police party started from Itawa. They were accompanied with Krishan Pal, the person arrested, Smt. Kamlesh and Amar Pal. When the police party reached Aligarh there was some conversation between ASI Kartar Singh -respondent No.3, Constable Gurdial Singh -respondent No.4 and Krishan Pal, the arrested person. Krishan Pal purchased few bottles of wine and cigarettes and they consumed the wine thereafter. When they came out of Aligarh, the taxi was parked at a Dhaba on G.T.Road, within the jurisdiction of Police Station, Gabhana. At the Dhaba there were hot words exchanged between ASI Kartar Singh and Constable Gurdial Singh over Rs. 10,000/ - which had been given to ASI Kartar Singh by Krishan Pal, the arrested person. During hot exchanges, Constable Gurdial Singh -respondent No.4 aimed a shot on ASI Kartar Singh -respondent No.3 with his carbine which was issued to him. ASI Kartar Singh pushed Bhagwan Dass, husband of the petitioner, and Daanvir, brother of Chander Pal, in order to save himself. The shot from the carbine hit Bhagwan Dass and Daanvir who died because of the injuries. FIR No. 86 of 1996 under Section 304 IPC was lodged in Police Station Gabahana, District Aligarh by ASI Kartar Singh. As per the allegations in the FIR when the police party was bringing Krishan Pal, the arrested person, Smt. Kamlesh and Amar Pal the minor son, all the occupants of the taxi except Constable Gurdial Singh -respondent No.4 expressed their desire to take dinner. The taxi was stopped by Bhagwan Dass at a Dhaba. Constable Gurdial Singh was reluctant and on his persistence they take the meal in a good hotel. On refusing to do so, Gurdial Singh became angry and with his carbine shot dead Bhagwan Dass and Daanvir. The FIR is Annexure P2. After registration of the FIR, Khairati Lal, father -in -law of the petitioner, reached Police Station, Gabhana, on 30.5.1996 along with Shri Satish Sharma, ASI of Panipat. On return to Panipat, Khairati Lal met the Deputy Commissioner and made an application dated 31.5.1996 highlighting that the police party while returning was under the influence of liquor and at a Dhaba there was exchange of hot words between ASI Kartar Singh -respondent No.3 and Constable Gurdial Singhrespondent No.4 over accepting Rs. 10,000/ - by ASI Kartar Singh from Krishan Pal, the arrested person. His innocent son Bhagwan Dass and one Daanvir died when Constable Gurdial Singh opened fire from his carbine. The application is Annexure P3. The post -mortem report of Bhagwan Dass is Annexure P4. As per the X -ray report, one metallic bullet in muscles of Dara vers region of R side a level of L -3 was seen. As per the post -mortem report, the cause of death was due to shock and hammeherage as a result of AMI. Smt. Kamlesh appeared before the Magistrate on 31.5.1996 and gave her statement (Annexure P5) and in her statement she mentioned that due to fear she had gone away with Krishan Pal and he took her to his house in U.P. and she sought permission to stay with her husband after returning from U.P. Her statement was sufficient to show that she was under pressure and did not relate about the incident in which Bhagwan Dass -husband of the petitioner was shot.