MADHU BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for handing over the investigation of the case pertaining to the death of the son of the petitioner, named, Amit Kumar @ Sonu to some independent agency like Central Bureau of Investigation. On 12.1.1997, son of the petitioner is alleged to have been done to death by private respondent Nos.5 to 9, namely, Shanti Sarup, Harbans Lal, Gurdarshan Kumar, Ashok Kumar and Jagdish Kumar. It is further alleged that the dead body of son of the petitioner was thrown in the Sirhind Main Canal.

(2.) The petitioner, however, was informed that his son had drowned in the Canal. It is further averred that because of shock, the family of the petitioner was not in full senses and as such, could not pursue the case of death to its logical pursuit. The matter was reported to police by Shanti Sarup, respondent No.5, of his own. It is also alleged that some blank papers were got signed from the petitioner Madhu Bala and her husband (since deceased) and they could lodge complaint to the police and other concerned authorities like Governor and Chief Minister, Punjab only after regaining their senses. The present petition was filed in the year 1997, seeing that no action was taken in the case.

(3.) This petition remained pending for all these years. In the meantime, Hari Ram (petitioner) has expired and in his place, his wife stands substituted, being legal heir, to pursue the present petition. Reply on behalf of the then Senior Superintendent of Police, Fatehgarh Sahib, is filed. The allegations made in the petition are denied, being incorrect. It is mentioned that son of the petitioner was not killed by any one but had committed suicide by jumping in Bhakra Main Canal while under influence of liquor. This incident was statedly witnessed by Shanti Sarup, respondent No.5, Deepak @ Teetu son of Harbans Lal (respondent No.6) and Bobby, friends of the deceased. At that time, the petitioner and his wife had allegedly given an application to the Sub Divisional Magistrate, Bassi Pathana, that the body of their son be not subjected to post mortem examination. After recording their statement, the body was handed over to them under the orders of Sub Divisional Magistrate. The petitioner had even mentioned in application before the S.D.M. that his son had committed suicide.