INDU Vs. UNION TERRITORY ADMINISTRATION

JUDGEMENT

(1.) MRS . Indu and Rakesh-petitioners, who are the sister and brother of the deceased Rajesh alias Kala, have filed this petition under Section 482 of the Code of Criminal Procedure with a prayer to mark an enquiry to the Central Bureau of Investigation into the incident in which brother of the petitioners has been murdered. They have (levelled) an accusation in this petition that their brother Rajesh alias Kala has been murdered by a Union Territory, Chandigarh, Police commando, posted in the personal security of Inspector General of Police, Union Territory, Chandigarh Administration.

(2.) IT is averred in the petition that the parents of the deceased Rajesh are no more alive and both the brothers i.e. the deceased and Rakesh were staying in their own House No. 1047, Sector 29-B, Chandigarh. It is then stated that the parents of the deceased had migrated from Jammu and Kashmir due to the fear of J and K militants in the year 1985 and the U.T. Administration had allotted the accommodations to such migrants to rehabilitate them at a safe place.

(3.) IT is then stated in the petition that Mrs. Sunita, the house lady of H.No. 1056 disclosed to Rakesh and Jagtar that Rajesh had come running to her house and Ranbir was chasing him with a pistol in his hand. Rajesh alias Kala pushed aside her children and in the meanwhile when Rajesh was trying to escape from the front door, Ranbir fired two shots which missed Rajesh and thereafter when Rajesh was trying to open the door he was hit by the third fire which pierced his neck through and through and Rajesh fell down in the presence of Sunita wife of Sanji Ram and she started wailing and also tried to shake and have a conversation with him, but she found that he had already died. It is further stated in the petition that the incident was reported in a local daily 'Chandigarh Newsline' dated 19.7.1997 and thereafter on the next day i.e. 20.7.1997 another news concerning the same incident was also reported. These news items have been annexed with this petition as Annexures P-1 and P-2.