JASWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Jaswinder Singh son of late Shri Buta Singh has filed the present petition under Section 482 Cr.PC seeking issuance of appropriate directions to respondents No.1 to 4 to entrust the enquiry into the death of his father Buta Singh to some independent agency on the ground that the Punjab Police has failed to conduct proper enquiry.

(2.) On the basis of complaint made by the petitioner, FIR No.301 dated 9.9.2009 under Sections 420/465/467/468/471/306/120-B IPC was registered at Police Station Division No.4, Jalandhar.

(3.) Learned State counsel on the strength of aforesaid status report has submitted that initially, the case was registered vide FIR No.301 dated 9.9.2009 under Sections 420/465/467/468/471/306/120-B IPC at Police Station Division No.4, Jalandhar. Thereafter, Paramjit Singh son of Bakshish Singh whose name was mentioned in the complaint, had submitted a representation seeking an enquiry into the matter. The said representation was entrusted to Gurdial Singh, Superintendent of Police/SC/ST Cell, Crime (Punjab) by ADGP, Crime, Punjab, who conducted an enquiry. In the enquiry, it was found that Section 306 IPC was not made out in the case and therefore, he recommended deletion of Section 306 IPC in the case. He has also recommended to delete the name of Paramjit Singh from the case. During enquiry, it was also found that father of petitioner, namely, Buta Singh was a very old man. He was an alcoholic and often used to remain ill. He had suddenly expired on 1.9.2009. The Enquiry Officer has also interacted/enquired from the respectables and other persons of the village, who were present at the time of cremation of Buta Singh. The statements of those persons were recorded. No such evidence has come on record which may confirm that Buta Singh was compelled to commit suicide. Thus, no such evidence was available which may attract the ingredients of Section 306 IPC. After the enquiry, the report was approved by the then Commissioner of Police, Jalandhar and offences under Sections 420/465/467/468/471/120-B IPC were made out in the case against accused Baldev Singh, Balwinder Singh, Kulpreet Singh and Satnam Singh @ Satta. For these offences, a trial was conducted.