LAWS(P&H)-2018-4-97

HARJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

Decided On April 17, 2018
HARJIT KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner is the widow of one Mukhjit Singh @ Mukha who was allegedly killed by the police in a fake encounter on 16.06.2015 has preferred this petition for seeking compensation.

(2.) In brief, the petitioner was married to Mukhjit Singh and is having two children. He was the sole bread winner of the family. He was 38 years of age when he was killed by a police party of Amritsir District on 16.06.2015 at about 6.30 pm at Mudhal, near Verka, by opening indiscriminate firing at him when he was sitting in his car and caused 23 gunshot injuries to which he succumbed at the spot. It is submitted that in order to cover up the killing of Mukhjit Singh, one FIR No.242 dated 16.06.2015, under Sections 307 IPC read with section 25 and 27 of the Arms Act, 1959 was registered at Police Station 'A' Division, Amritsar at 11:00 pm on the complaint of one SI Ramesh Kumar.

(3.) In response to this petition, various affidavits by way of reply have been filed. In the reply dated 27.05.2016, filed by G. Nageswara Rao, IPS, IGP/Crime, Punjab, it is averred that the Director General of Police, Punjab, vide his order No.1304-09/Crime/Inv.-1 dated 17.06.2015, constituted a Special Investigation Team to investigate the above-said FIR case. It is further averred in the said reply that the SIT is finalizing the report of investigation of the aforesaid FIR case which would be submitted to the Court shortly. Thereafter, another reply was filed by G. Nageswara Rao, IPS, IGP/Crime, Punjab on 18.07.2016, in which he made the following averments:-