PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's daughter-in-law committed suicide on 31.3.1998 by consuming some poisonous substance. On a complaint given by the brother of the deceased, a case in FIR 20 dated 2.4.1998 has been registered for the offence under Section 304-B IPC against the petitioner's son. According to the petitioner, his son Paramjit Singh was taken into custody in FIR 20 dated 2.4.1998 on that day itself. He was not produced before the Magistrate within 24 hours as required under Section 57, Code of Criminal Procedure and also under Article 22 of the Constitution of India. It is further the case of the petitioner that he was informed on 7.4.1998 that the son of the petitioner has consumed some poisonous substance and was admitted in the hospital. The said Paramjit Singh died in the hospital on 8.4.1998 while undergoing treatment. Petitioner made representations to the authorities for registration of the case alleging that his son died while in police custody. Therefore, it is a case of custodial death.

(2.) IN reply, the respondents stated that Paramjit Singh son of the petitioner was taken into custody only on 7.4.1998 and he came to the police station after consuming some poison and he was in fact produced by the brother of the deceased and Paramjit Singh himself told the police that he consumed poison before coming to police station and thereupon the police admitted him in the hospital for treatment and he died on 8.4.1998 while undergoing treatment in the hospital. Therefore, it is not a case of custodial death. It is further averred that statement of deceased was recorded by Judicial Magistrate under section 164 Code of Criminal Procedure on 7.4.1998 at about 11.15 p.m.

(3.) REGISTRY is directed to send copy of this order to Chief Judicial Magistrate, Ludhiana alongwith copies of petition, reply and annexures etc.