KRISHAN Vs. STATE OF H P & OTHERS

JUDGEMENT

(1.) The petitioner's deceased son named Karan stood engaged as a conductor in a JCB machine. One Jaswinder Singh stood deployed as a driver on the aforesaid JCB Machine. The aforesaid JCB machine was deployed for carrying construction of road, Drabil to Khadrari in District Sirmaur, Himachal Pradesh. On 1.1.2015, the JCB machine developed operational defects, for removal whereof, the relevant defective part thereof stood opened by both Jaswinder Singh and Karan, whereupon it was loaded in a Pick UP jeep. Jaswinder Singh, the driver of the JCB machine went aboard the jeep aforesaid to Chandigarh for begetting thereat the relevant repairs thereto. However, deceased Karan did not accompany Jaswinder Singh to Chandigarh in the jeep aforesaid. Deceased Karan Singh is alleged to slip into a gorge from a narrow passage whereupon his demise occurred. The postmortem report stands appended to the writ petition as Annexure P-2, wherein, revelations occur of subdual hemorrhage besides haemothorax begetting the demise of the deceased. Photographs reflecting the injuries entailed upon the body of the deceased also stand annexed to the petition as Annexure P-6. On an apposite FIR qua the occurrence standing registered in the police station concerned, investigations stood commenced by the Investigating Officer. Investigations culminated in the Investigating Officer concluding qua the demise of deceased Karan occurring on account of his slipping into a deep gorge from a narrow passage.

(2.) The petitioner standing aggrieved with the investigations held by the Investigating Officer lodged a complaint with the Superintendent of Police, Sirmour at Nahan, who ordered for the holding of fresh investigations. On the matter coming to re-investigated by respondent No.4, the latter arrived at a conclusion analogous to the one which he had arrived at earlier. The petitioner repels the conclusions arrived at by the Investigating Officer concerned by emphasizing upon video clips of 1.1.2015 purportedly existing in the mobile of the deceased displaying therein qua the JCB machine on the aforesaid date holding construction activity at the relevant site, hence, he contends through his counsel qua the narration of its driver Jaswinder Singh of a part of JCB machine developing a defect on 1.1.2015, for rectification whereof it was loaded in a jeep whereon Jaswinder Singh remained aboard upto Chandigarh whereupto it stood carried for the purpose aforesaid, standing belied. Consequently, the petitioner nurses a grievance of the Investigating Officer not holding a thorough impartisan investigation. Thereupon a prayer is made of the Investigation being ordered to be held afresh by the Central Bureau of Investigation (hereinafter referred as the CBI).

(3.) In nut shell, the aforesaid falsity ascribed to the relevant investigations by the father of the deceased is enjoined to be adjudicated upon by this Court. In case, this Court disinters from the relevant material qua the espousal of the father of the deceased holding veracity it would proceed to order for the investigations hereinafter standing handled by the CBI. Respondent No.3 has in her sworn affidavit of 01.07.2016 unraveled therein of the Investigating Officer after eliciting the presence of the petitioner on 11.6.2016 he in his presence examining the CD/video clippings sent by the petitioner to police station, Rejuka Ji. Also she swears therein of on the aforesaid date on the CD/video clippings purveyed by the petitioner to the Investigating Officer concerned standing sighted thereat by the petitioner along with Gain Chand and Gurdial Singh, no emanation upsurging therefrom nor any clue emerging in display of the demise of his son Karan standing begotten by a cause other than the one ascribed by the Investigating Officer in his earlier apposite reports. Moreover, articulations occur therein of the statements of the petitioner and of Gain Chand and Gurdial Singh in consonance with the depictions in the CD/video clips standing recorded wherein they displayed qua CD/video clips not unveiling any incriminatory role vis-a-vis Jasiwnder Singh. Consequently, with the statements of the petitioner also of Gain Chand and Gudial Singh unfolding their concurrence with the display in the CD/video clip which stood sighted by them at Police Station, Renuka Ji, estops them to constrain a conclusion from this Court of the aforesaid CD/video clips holding any visible display in purported inculpation of Jaswinder Singh. Furthermore, with the petitioner dehors the aforesaid CD/video clip not holding any material to dispel the efficacy of of the recitals made in his report by the Investigating Officer wherein he ascribes the cause of the demise of the deceased to his accidentally slipping into a deep gorge from a narrow passage, concomitantly, hinders this Court to show its dissatisfaction with the investigations held by the Investigating Officer nor hence this Court is constrained to order for the CBI holding investigations.