MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two bail petitions bearing CRM -M 20372 of 2009 ( Mohinder Singh and another Vs. State of Punjab and another) and CRM-M 30847 of 2009 (Joginder Kaur @ Paramjit Kaur and another Vs. State of Punjab and another) in which the petitioners have filed application under Section 438 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.'), for anticipatory bail in complaint case No. 122 dated 22.03.2007, under Sections 302, 201, 120-B IPC in which the petitioners (here-in-above) have been summoned vide order dated 3.12.2008 passed by learned Sub Divisional Judicial Magistrate, Moonak.

(2.) CRM-M 20372 of 2009 has been filed by Mohinder Singh ( father-in-law) and Amrik Singh (husband) of the deceased Lakhwinder Kaur on 28.7.2009, whereas CRM-M 30847 of 2009 has been filed by Joginder Kaur @ Paramjit Kaur and Kuldeep Singh (Jethani and Jeth respectively of deceased Lakhwinder Kaur) on 3.11.2009.

(3.) Brief facts of the case are that deceased Lakhwinder Kaur was married to Amrik Singh (petitioner No.2. in CRM-M 20372 of 2009) on 3.2.1999. They had two children i.e. Sehajpreet Kaur (daughter) aged 8/9 years and Simranjit Singh (son) aged about 4/5 years. According to the petitioners, Lakhwinder Kaur was suffering from fever, loose motion and vomiting for which she was given treatment at village Makror Sahib for about four days and thereafter she was admitted in Grover Hospital and Maternity Home, Tohana, on 31.5.2006 at 9.p.m, where she got treatment for two days. She died on 02.6.2006 at 6 p.m. in the said hospital after 7 years of her marriage. At the time of her death, both father and mother of the deceased and her husband were present. Her parents did not raise any suspicion about her death. However, it is submitted that later on Jeet Singh, father of the deceased lodged one FIR No. 65 dated 27.7.2006 under Sections 302,148,149,201 IPC at Police Station, Khanauri, District Sangrur, against the petitioners in both the petitions, in which the investigation was conducted by Inspector Shamsher Singh, SHO,Police Station, Khanauri, who found the allegations to be false and subsequently submitted a cancellation report. But the learned Sub Divisional Judicial Magistrate, Moonak, did not accept the cancellation report and directed for further investigation as per the directions given by the Hon'ble High Court that the investigation should not be conducted by an officer not below the rank of D.S.P. It is further submitted that D.S.P.Moonak, who was directed to conduct the investigation recused himself on the ground that he had cleared the earlier cancellation report submitted by Inspector Shamsher Singh.