JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application is filed to direct the respondents to register a case under Section 302 I.P.C. for the alleged murder of one Major Singh and to direct the investigation of the same.

(2.) THERE is no dispute of the fact that Major Singh died on 27.5.1998. According to the petitioner Major Singh was murdered and post-mortem was conducted on his dead body on 28.5.1998. Further according to the petitioner, though a complaint has been given, the police are not taking any action. The wife of the deceased made an application to the Senior Superintendent of Police, Batala on 8.8.1998 on which the inquiry was conducted by the Deputy Superintendent of Police, Sub Division Qadian, Police District Batala. According to the report submitted by the Deputy Superintendent of Police, the deceased sustained injuries in a road accident and he died while being taken to the hospital. He also filed the inquiry/investigating report and also the report of the post-mortem. The Doctor who conducted the post-mortem opined that the death of the deceased due to road accident cannot be ruled out. The inquiry report clearly shows that the deceased died because of road accident and not because of any foul play.

(3.) IT is also clear from the investigation report submitted by Deputy Superintendent of Police that on the night on 27/28.5.1998 the deceased Major Singh was taking liquor alongwith one Salwinder Singh and at about 9 or 10 P.M. Major Singh left the house of Salwinder Singh on his scooter and his dead body was seen at 5 a.m. on the road side by a member of Panchayat namely Sardara Singh of village Cheema Khudi and immediately on the receipt of the information, the police went to the spot and they also found the skid marks on the road and the scooter was lying at the place of the accident and the opinion of the Doctor also shows that the possibility of death due to road accident cannot be ruled out.