SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner, who is brother of the deceased Mahesh, has preferred this writ petition alleging that the Police has not conducted fair and impartial investigation of offence of murder of his brother Mahesh. He states that a complaint was made by him on 26/06/2020 at Police Station Rudawal wherein he alleged that on 25/06/2020 at about 5.00 PM his brother Mahesh had gone to Public Water Tank for bathing, however, Manoj, Deva son of Gopal, Padam Singh son of Moti, Gopal son of Hardwari, Charan Singh, Samander, Dinesh, Lakhan son of Turshi, by caste Jatav, residents of Nagla Machela and others picked up quarrel with his brother and did not allow his brother to take bath at the Public Water Tank and threw away his clothes. When his brother opposed, they all abused him profusely and murdered him and thereafter threw him in a well. When the nearby children, who were playing raised noise and the other villagers collected, he came to know about the said incident and thereafter the dead body of his brother was taken out from the well and the same was sent to CHC Hospital, Bayana for postmortem and it was lying in the mortuary.

(2.) On the basis of the said complaint, an FIR bearing No.254 was registered on 26/60/2020 at Police Station, Rudawal under Section 143, 302 IPC.

(3.) It is stated that the investigation was botched up by the Investigating Officer and with a view to help the accused-respondents No. 7 to 14, the Investigating Officer is intending to file a final report stating that no case of murder is made out although there are two eye-witnesses namely; Kishan Singh and Govind who have seen the incident having occurred and there were two persons who took up the body from the well who have also got their statements recorded as eye-witnesses. It is also stated that the Police is pressuring the petitioner for entering into a compromise and a Panchayat was organized on 08/07/2020 at Village Panchayat and all the Panchayat leaders unanimously took a decision not to pursue or advocate the murder case and forced the family members of the petitioner to enter into a compromise. The photographs of the Panchayat and transcript of mobile video have been placed on record. A representation in this regard was submitted to the DIG, Police Range, Bharatpur and SP, Bharatpur.