GURBAJ SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THE petitioner is the son of Hardev Singh (since deceased), who died on 11.02.2013, in the alleged suspicious circumstances while serving the sentence for an offence committed under Section 138 of the Negotiable Instruments Act, 1881 in the Sub -Jail, Sri Muktsar Sahib. An enquiry was conducted by Rakesh Sharma, the then Chief Judicial Magistrate, Sri Muktsar Sahib on 07.08.2013, in which he has allegedly made the following observations: -

(2.) IT is alleged that an FIR No.171, under Section 306 IPC was registered against unknown persons at Police Station City, Sri Muktsar Sahib on 19.09.2013. The petitioner has alleged that his father died under mysterious circumstances in jail complex and without proper investigation, the case has been registered under Section 306 IPC in order to shield the real culprits. It is also alleged that the petitioner and his family members have not been compensated for the death of his father by the State Government and has, thus, made twin prayers, for the issuance of a writ in the nature of mandamus to direct respondent No.2 to register a case under Section 302 IPC against the persons/officials responsible for the alleged murder of his father and to direct respondent No.1 to pay the compensation to the petitioner of Rs.15 lacs.

(3.) AFTER notice, an affidavit of Kuldeep Singh Chahal, IPS, Senior Superintendent of Police, Sri Muktsar Sahib, has been filed on behalf of respondent Nos.1 to 4 in terms of an order passed by this Court on 08.10.2015 regarding status of investigation in the FIR No.171 dated 19.09.2013 . It is averred in the affidavit that the preliminary investigation has been conducted by ASI Chanchal Singh, Police Station City, Sri Muktsar Sahib but the truth was not brought out and, thus, one Special Investigating Team consisting of SHO, PS City, Sri Muktsar Sahib and DSP (Sub Division), Sri Muktsar Sahib was constituted for the thorough investigation. It is further averred that the statement of various persons including the jail inmates were recorded and after completion of investigation, the investigation report No.1812 -R/DSP/SMS dated 20.11.2015 has been prepared, as per which deceased Hardev Singh died during custody in the jail, while working in the nursery/bagichi of sub jail, due to carelessness and negligence and also because of lack of supervision by Warder Nachhattar Singh and Shivraj Singh Nandgarh, the then Deputy Superintendent Sub Jail, Sri Muktsar Sahib, due to which the convict Hardev Singh consumed some poisonous substance and died. It is further averred that on the report of the SIT, the matter was referred to the D.A. Legal, Sri Muktsar Sahib for his opinion, who gave his legal opinion on 26.11.2015 that as per the report of the SIT, offence under Section 120B, 306 IPC and under Section 540(5) of the Jail Manual is found to have been committed by the erring employees and recommended for further investigation. It is further alleged that a direction to the SP(H), DSP(D) and SHO (Sadar), Sri Muktsar Sahib was issued to visit the spot personally to enquire the matter and report. The aforesaid officers visited the spot, again, thoroughly investigated the matter and submitted their report No.2060/R/SP(H) dated 08.12.2015 that as there was no boundary wall over the area of nursery of Sub Jail, Sri Muktsar