GH. HASSAN LONE Vs. STATE & ORS.

JUDGEMENT

(1.) Puzzling death of one Shabeena Hassan D/O Ghulam Hassan Lone R/O Lalipora Anantnag, adopted daughter of Abdul Gani Allai R/O Hussanpora Bijbehara, gave anxious moments to both police and her relatives.

(2.) On 2nd March, 2011 at 18.11 hours, information was received by Police Station Bijbehara to the effect that said Shabeena Hassan, in an unconscious state of mind, is lying on the bank of Nallah Vashu, she was alleged to have consumed some poisonous substance, same information led to the registration of the case as FIR No.28/2011 P/S Bijbehara for commission of offence punishable under Sec. 309 RPC. She was shifted to Sub District Hospital, Bijbehara where she was declared as "brought dead". "Sahil nay mujay mara, os kay naam zindagi shuru kithi, osi per khatam, 9906617858 S+S" were the words scribed with a ball pen on her left palm. Froth like substance was found in the mouth and nose of the deceased. One Ghulam Mohammad Ganai S/o Abdul Ahad Ganai R/o Hassanpora Taweela had deposed before the Police that he was present on spot, from the pocket of the pheran, a half-filled bottle was recovered. The sticker over the bottle was containing the following words "Fumigan Dichlorvos 76% ED-GDVP insecticide red in colour". It is on this basis initially offence of 309 RPC was shown to have been committed. Viscera was sent to FSL, Srinagar for expert opinion, report of FSL would reveal that no poison was detected, then again sample was sent to CFSL, Chandigarh who opined that no poison was detected in the visceral organs of the deceased, therefore, death by poison was ruled out.

(3.) During the course of investigation when it was being taken as a case of suicide, the father of the deceased filed the instant petition projecting therein that the death of Shabeena Hassan is not suicidal but homicidal. In the petition following prayer has been made:-