ANITA MALIK Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention, for the limited purpose of deciding the core controversy involved in the instant petition u/s 482 Cr.PC, to hand-over the investigation of the criminal case to Central Bureau of Investigation (for brevity 'the CBI') or to some independent investigating agency and emanating from the record, are that, Rakesh Malik son of Balwan Singh was active member/senior worker of the Bharatiya Janta Party (for short "BJP"). He was President of Traders Association before his death. On 21.02.2014, ASI Balwant Singh reached the police station and informed the SHO that some unknown persons had committed the murder of Rakesh Malik at about 8-15/8.30 PM, by firing shots at him in his New Grain Market Office at Tosham. On the basis of the pointed information, a criminal case was registered against some unknown persons by the police.

(2.) During the course of investigation, the prosecution claimed that one Dalbir @ Dallu son of Dalip Singh (respondent No.9) was arrested and he made the disclosure statement, which, in substance, is as under: -

(3.) The specific motive alleged against the accused was that a criminal case was registered on the complaint of one Mangat Ram, relative of Rakesh Malik (deceased) against accused Rakesh Chahal, his brother Roshan and others, through the medium of FIR No.336 dated 19.10.2009, under Section 147, 148, 323, 325, 452, 307 and 506 read with section 149 IPC, by the police of Police Station Tosham, in which, Rakesh Chahal was declared proclaimed offender, whereas remaining accused were convicted by the trial Court. Similar motive was also alleged by the prosecution against other accused Mandeep @ Motha in regard to the murder of Deepak @ Mida son of Bishamber where deceased Rakesh Malik had been supporting the family of the deceased (therein). In this manner, Rakesh Chahal and Mandeep @ Motha accused had planned the murder of Rakesh Malik in order to take revenge.