LAWS(P&H)-2015-3-276

DALJIT KAUR Vs. STATE OF PUNJAB AND ORS.

Decided On March 12, 2015
DALJIT KAUR Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) PETITIONER - Daljit Kaur is the mother of the deceased Arvinder Pal Singh. This petition has been filed for handing over investigation of FIR No. 87 dated 23.05.2013 registered under Sections 307, 353, 186, 332 IPC and Section 25 of the Arms Act at Police Station Cantonment, Amritsar to an independent agency like Central Bureau of Investigation and in alternate for directing the respondents to register an FIR regarding murder of her son - Arvinder Pal Singh by the police officials.

(2.) IT is the specific averment of the petitioner that above said FIR has been registered against her deceased son Arvinder Pal Singh @ Lovely Smart only with a view to cover up his murder at the hands of the police officials.

(3.) LEARNED counsel for the petitioner contends that the said FIR is a clumsy attempt to cover up the murder of Lovely Smart@Arvinder Pal Singh. It is admitted that he had been implicated in some cases by the Punjab Police though they are sought to be explained by stating that the deceased was brought up in a father less home where there was no source of livelihood and he did fall into bad company. However, he was a young boy of 22 years and the offences of which her son was accused were not of such a nature that he could be labelled as a gangster or a hardcore criminal. The petitioner's specific stand is that the police officials fired at point blank range on the premises of the Hair Cutting Salon, which resulted in death of her son. Reference is made to the photographs which had been clicked by some of the persons present at the spot (Annexure P -1). The photographs show multiple gun shot fire which had pierced the glass window of barber's shop. The dead body of Arvinder Pal Singh is reflected being taken away by the police officials. The above said FIR has been registered only with a view to help and aid the guilty police officials, who have fired at point blank range without any provocation. As per Post Mortem Report (Annexure P -3), deceased received gun shot injuries on his chest. As per the said report, time between injury and death is few minutes. Therefore, an attempt on the part of the officials to cover up her son's murder by registration of aforesaid FIR is clear.