GURMEET KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) By virtue of this petition preferred under Sec. 482 Cr.P.C, Gurmeet Kaur widow of Milkha Singh has sought the transfer of investigation in case FIR No. 68 dated July 06, 2008 under Ss. 336, 506 and 34 IPC and FIR No. 130 dated November 06, 2009 under Ss. 304 -A, 337, 338, 279 and 427 IPC registered at Police Station Sarhali, District Tarn Taran to an independent investigating agency like CBI for comprehensive investigation for the murder of three young persons including Prabhjit Singh and Karamjeet Singh, sons of petitioner aged about 20 years and 16 years, respectively, by respondents No. 2 to 4 in connivance with other private respondents.

(2.) In nutshell, the case putforth by petitioner is that she purchased a land measuring 5 kanals 13 marlas bearing khasra No. 107/22/1/2 (5 -13) from its original owner Kashmir Kaur daughter of Pritam Kaur vide registered sale deed dated August 12, 2002 in the name of her two sons namely Prabhjit Singh a student of 11th class aged about 20 years and Karamjeet Singh, a student of 9th class aged about 16 years. After some days of the afore -said sale deed, Ranjit Singh and Dilbagh Singh sons of Gurnam Singh purchased the same land from Raj Kaur vide sale deed dated September 10, 2002. Since, the private respondents threatened to take forcible possession of the above -said land, she was constrained to file a civil suit for permanent injunction to restrain them from illegally interfering in her lawful possession. The said suit was decreed in her favour vide judgment and decree dated May 01, 2007. Then the afore -said persons by taking the law into their hands made an effort to dispossess her from the afore -said land on July 01, 2008. Though the matter was reported to police but it remained in -active. However, in pursuance of steps initiated by petitioner with the assistance of local community FIR No. 68 dated July 06, 2008 was registered but only under Ss. 336, 506 and 34 IPC against respondents No. 2 to 4. The police did not register FIR under the relevant provisions of Indian Penal Code. Especially in the circumstances that Ranjit Singh Rana etc. are extremely influential having history of committing crimes and leaders belonging to Shromani Akali Dal. Even the matter involved in the afore -said FIRs were not investigated earlier and no report under Sec. 173(2) Cr.P.C. had been presented at that time. Despite the fact that petitioner made a lot of efforts. But it would be pertinent to mention that as far as FIR No. 68 dated July 06, 2008 is concerned, a SIT was constituted, which conducted investigation. SIT found the allegation to correct and report under Sec. 173(2) Cr.P.C. has already been presented which is pending disposal. As such it does not require any sort of transfer thereof.

(3.) So far as FIR No. 130 dated November 06, 2009 is concerned, the brief facts are that petitioner had been approaching different authorities as well as for police help for implementation of orders/judgment and decree passed by Civil Court but police was not inclined to offer any help. The harassment of petitioner continued and suffered various threats extended by private respondents including that petitioner should leave the village otherwise what she would do if her children do not remain alive. On the very fateful day i.e. November 06, 2009, Mandeep Singh from the mobile phone of Karamjeet Singh started making telephonic calls to Prabhjit Singh that both the brothers should come and take Karamjeet's mobile and also persisted to bring dinner for him (Mandeep Singh) in Grain Market at Nausheshra Pannuan. In the company of Sukhwinder Singh son of Jagir Singh, both the brothers left home at 7.00 PM by saying that they will return immediately after meeting Mandeep.