BALDEV RAJ Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. with two-fold prayer i.e., [i] for protection of life and liberty of the petitioner and other members of his family and material witnesses in FIR No.19 dated 09.03.2015, under Sections 302 and 34 IPC, 25, 27 of Arms Act, 1959, registered at Police Station Khem Karan, District Tarn Taran and [ii]. for entrusting investigation of this case FIR to CBI as the local police is under pressure of respondents No.4 to 7.

(2.) Relevant facts of the case, that on 30.12.2014 petitioner's son Shashi Kapoor and his partner Gurmail Singh alias Gora were present at the shop of Gurmail Singh at main road, Khem Karan and Charrat Singh (respondent No.4) armed with a country made pistol came along with his goons and fired gun shots which hit Gurmail Singh alias Gora on his left arm. Thereafter the accused ran away. Shashi Kapoor was an eye witness in the FIR. Charrat Singh is an influential person and police did not register an FIR for several days. Only when the people took to the streets, the FIR bearing No.10 dated 23.01.2015, under Sections 307, 452, 148 and 149 IPC, 25, 54 and 59 of Arms Act, registered at Police Station Khem Karan, District Tarn Taran was registered.

(3.) Son of the petitioner was repeatedly threatened and intimidated by the accused persons but police took absolutely no measure to arrest Charrat Singh. On 22.02.2015 Shashi Kapoor has given representation to the S.S.P. Tarn Taran that Charrat Singh openly roams around in his village. He has also mentioned that on 22.02.2015 at about 4.30 pm, 8 persons had come to his house and had threatened his family members not to give evidence in the above detailed case but no action was taken by the police nor any security was given to the son of the petitioner. Another representation was made to D.G.P., Punjab on 06.03.2015 giving alarm and threat to the life of son of petitioner but no action was taken. On 09.03.2015 Charrat Singh along with his brother Jagroop Singh and respondents No.6 and 7 came and murdered the son of petitioner and FIR No.19 dated 09.03.2015 under Sections 302 and 34 IPC, 25, 27 of Arms Act, registered at Police Station Khem Karan, Tarn Taran was registered.