- Court
- High Court of Punjab and Haryana
- Decided
- 11 September 2024
- Bench
- Vinod S. Bhardwaj
- Case no.
- CWP 30978/2019
Judgment
VINOD S. BHARDWAJ, J. (Oral)
Prayer in the present writ petition is for directing the respondent police officials to take action on the complaint dated 26.08.2019 relating to murder of Sandeep Singh which is alleged to have been committed by respondents No. 5 to 10 and to investigate the same in a fair and impartial manner.
2. Learned Counsel contends that the petitioner has a daughter namely Ramandeep Kaur, aged about 18 years and two sons namely Sandeep Singh (since deceased) and Mandeep Singh, aged about 22 years. On 04.07.2019, the petitioner and her younger son namely Mandeep Singh
went to Kapurthala for doing some house hold work while her elder son went to attend the marriage of his friend. The then minor daughter of the petitioner was alone at home. The private respondents trespassed forcefully into the house of the petitioner in an inebriated condition and molested her minor daughter, then aged 13 years. On hearing the cries of the minor, the neighbours gathered around the house at which the private respondents fled from the spot. A threat was, however, extended by the said respondents to the minor that she would be kidnapped whenever an opportunity arrives. The incident in question was narrated to the police, however, no action was taken. The petitioner also took the minor to Civil Hospital, Kapurthala and a medical examination was got conducted. A complaint dated 08.07.2019 was thereafter submitted to the Police vide Diary No. 1363-SPC dated
09.07.2019. The petitioner also filed CRM-M-40518 of 2019 seeking action against the private respondents. However, as the private respondents were influential persons and had links with the local police, no action was taken against them. Instead, the petitioner was pressurized to compromise the matter and on refusal of the petitioner to do the needful, a cross complaint dated 08.07.2019 was also submitted by the private respondents against the petitioner herein. The son of the petitioner-Sandeep Singh reached home in the evening and was informed about the occurrence. On the next day i.e.
10.07.2019 when he went to Gurudwara for taking a bath, the private respondents No. 5 to 10 surrounded him and gave him beatings and thereafter killed him by hanging him from a tree. The information in this regard was sent to the Police but no action was taken. A copy of the post
mortem report dated 11.07.2019 with respect to Sandeep Singh is attached as Annexure P-5 with the present writ petition. Alleging that the Police was acting in connivance with the accused persons, since one of the members of the Gram Panchayat was aligned to the accused persons, hence, an undue protection was being extended to the said respondents. The present writ petition has accordingly been filed.
3. Pursuant to the notice issued by this Court, reply by way of an affidavit of Harinder Singh Gill, PPS, Deputy Superintendent of Police, Sub-Division Kapurthala dated 20.01.2020 was filed before this Court. The preliminary submissions averred thereunder are extracted below:- Preliminary Submissions:- Xxx xxxx xxx xxx xxx xxx xxx xxx
2. That it is respectfully submitted that the present Petitioner Balwinder Kaur submitted applications no. 1449-S.P.C dated 17.07.2019, no.138-D dated
25.07.2019, no.817-P.C dated 24.07.2019, no.307-H dated 09.08.2019 and no.335-H dated 23.08.2019 alleging that her daughter Ramandeep Kaur was molested at her home on 04.07.2019 and that her son Sandeep Singh has been murdered by the same persons, i.e. Respondents no.5 to 10 on 10.07.2019.
3. That it is humbly submitted that the above mentioned applications were investigated by Superintendent of Police, Investigation, Kapurthala. In his report dated 07.12.2019 which was approved by the Senior Superintendent of Police, Kapurthala on
24.12.2019, Superintendent of Police, Investigation,
Kapurthala has concluded that the allegations of the present Petitioner Balwinder Kaur pertaining to her daughter being molested are false and baseless. The allegations of the present petitioner that her son Late Sandeep Singh was murdered by Respondents no.5 to 10 have also been found to be completely false. The petitioner's son Sandeep Singh committed suicide by hanging himself from a tree due to personal reasons. Therefore, on the statement of the petitioner dated
11.07.2019 proceedings had been initiated by SI Amandeep Kumar. Thereafter post mortem of the deceased was got done. The report of Superintendent of Police, Investigation, Kapurthala dated 07.12.2019 after translation is attached as Annexure R-1/T.
4. That it is respectfully submitted that on the application no.110SPC dated 01.08.2019 submitted by the present petitioner Balwinder Kaur proceedings under Section 107,151 CrPC were brought into action against Kinda son of Mahinder Singh, i.e. Respondent no.5; Raja son of Swaran Singh, i.e. Respondent no.6; Balvir Singh son of Mahinder Singh; Surjit Singh @Seetu son of Waliayat Singh, all residents of Village Boot, Police Station Kotwali Kapurthala. Reply on merits Xxx xxx xxx xxx xxx xxx xxx
5. That the contents of Para no. 5 are wrong and denied. That it is wrong and denied that the daughter of the petitioner namely Ms. Ramandeep Kaur was molested. A thorough and proper inquiry has already been conducted and no merits were found in the VISHAL SHARMA allegations of the complainant, the copy of the inquiry
repot is already attached as Annexure R-1/T. The contents of the preliminary submissions may kindly be read as reply to this Para also.
6. That the contents of Para no.6 are wrong and denied. It is submitted that on the basis of the statement and M.L.R No. 127/CD/CH/KPT/19 an offence under Section 323 IPC was found therefore Rapat no.27 dated 10-07-19 at about 06.28pm was registered at Police Station Kotwali. The detail inquiry conducted by the Superintendent of Police (Investigation) Kapurthala, clearly shows that no evidence has come on record on the basis of which FIR can be registered against the alleged accused. The contents of the preliminary submissions may kindly be read as reply to this Para also. Xxx xxx xxxx xxxx xxxx xxx xxx xxx
9. That the contents of Para no.9 are wrong and denied. The post mortem report of the deceased states that the cause of death of the deceased Sandeep Singh was asphyxia due to hanging. There were no injury marks found on the body of the deceased except minor scratches. The inquiry conducted by the Superintendent of Police (Investigation) Kapurthala (Annexure R-1/T) clearly shows that the said death of Sandeep Singh was not a murder, therefore no FIR has been registered. The contents of the preliminary submissions may kindly be read as reply to this Para also. Xxx xxx xxx xxx xxx xxx xxx xx
13. That the contents of Para no.13 are wrong and denied. It is submitted that the present Petitioner Balwinder Kaur submitted applications no.1449-S.P.C dated 17.07.2019, no.138-D dated 25.07.2019, no.817-P.C dated 24.07.2019, no.307-H dated 09.08.2019 and
no.335-H dated 23.08.2019 alleging that her daughter Ramandeep Kaur was molested at her home on
04.07.2019 and that her son Sandeep Singh has been murdered by the same persons, i.e. Respondents no.5 to 10 on 10.07.2019. That it is humbly submitted that the above mentioned applications were investigated by Superintendent of Police, Investigation, Kapurthala. In his report dated 07.12.2019 which was approved by the Senior Superintendent of Police, Kapurthala on
24.12.2019, Superintendent of Police, Investigation, Kapurthala has concluded that the allegations of the present Petitioner Balwinder Kaur pertaining to her daughter being molested are false and baseless. The allegations of the present petitioner that her son Late Sandeep Singh was murdered by Respondents no.5 to 10 have also been found to be completely false. The petitioner's son Sandeep Singh committed suicide by hanging himself from a tree due to personal reasons. The contents of the preliminary submissions may kindly be read as reply to this Para also. The report of Superintendent of Police, Investigation, Kapurthala dated
07.12.2019 after translation is attached as Annexure R-1/T.
4. The allegations with respect to molestation of the minor daughter of the petitioner were hence inquired into by the Police and the same were found to be false and there was no evidence of any attempted molestation or commission of any cognizable offence. Further, with respect to the death of Sandeep Singh, the same was also enquired into and it was
found to be a case of suicide on account of personal reasons and had no concern with respondents No. 5 to 10. The Enquiry report from the Superintendent of Police to the Senior Superintendent of Police, Kapurthala was duly appended alongwith the above said written statement. The statement of the petitioner was also recorded by the Enquiry Officer alongwith the statements of the witnesses cited by the private respondents and considering the documents in the form of post mortem report as well as the medico-legal examination of the minor girl. The operative part of the said enquiry conducted by the respondents reads thus:- "During the investigation of the application the sides of both the parties were heard and the statements were recorded which are attached herewith for perusal. Apart from this about this matter the report from Deputy Superintendent of Police, Sub Division Kapurthala has also been obtained which is also attached herewith for perusal. From the verification by Deputy Superintendent of Police, Sub Division Kapurthala and the undersigned it was found that applicant Balwinder Kaur's son Sandeep Singh deceased Sandeep Singh who used to work at Gurgaon, on date 03-07-19 had come to his home and in the evening on date 04-07-19 the applicant's daughter Ramandeep Kaur had fought with respondent's party Seetu son of Walait Singh, Kinder son of Mahinder Singh resident of Boot had fought at about 08.00pm. That about this fight the M.L.R no.127/C.D/C.H/K.P.T of Ramandeep Kaur was prepared by Doctor, Civil Hospital, regarding this statement of the applicant Balwinder Kaur was recorded by S.I. Amandeep Kumar on date 10-07-19. From the statement and M.L.R as the offence under Section 323 IPC is found therefore Rapat no.27 dated 10-07-19 at about 06.28pm was registered at Police Station Kotwali.
M.L.R, statement of Balwinder Kaur and photocopy of Rapat no.27 are attached herewith for perusal. Balwinder Kaur in this statement has not stated anything about her daughter being molested by the second party but from the M.L.R and the matter of the application S.I. Amandeep Kumar registered rapat under Section 107/151 CrPC dated 02-08- 19 and brought preventive proceedings into action. Apart from this the applicant gave another application no.1363-S.P.C dated 09-07-19 regarding the above stated subject which was marked to the Deputy Superintendent of Police, Sub Division Kapurthala, the photocopy of the same has been obtained which is attached herewith for perusal, in which the applicant has accused the opposite party of molesting her daughter and teasing her and it is also stated that the opposite party is forcing her to enter into a compromise. On date 10-07-19 the applicant's son Sandeep Singh died after he hung himself outside the village. That with regard to this on the applicant's statement on date 11-07-19 Section 174 CrPC was brought into action by S.I. Amandeep Kumar Chowki Incharge Badshahpur and the post mortem of the deceased Sandeep Singh was done. The report of post mortem of the deceased Sandeep Kumar and Form 25-350 were read. That according to the report of post mortem apart from few scratches on the body of the deceased there were no injuries/deep cuts. The board of doctors who conducted the post mortem gave the reason of the death as Asphyxia due to hanging. The photocopy of the post mortem report is attached herewith for perusal. During the investigation Incharge of Chowki Badhshahpur S.I. Amandeep Kumar observed the video footage of Village Boot of date 10-07-19, which is attached herewith for perusal. That at about 09.39.26pm he can be seen walking
towards the Gurudwara alone. Around this time no person of the opposite party mentioned in the application can be seen and after sometime of going that side he hangs himself and kills himself and upon the villagers coming to know about this, the villagers reach the place of occurrence among whom Jaswinder Singh @ Babbu son of Jagjit Singh and Sonu son of Lubhaiya residents of Boota also reach the place of occurrence and Sonu son of Lubhaiya Singh only removed the hanging dead body of Sandeep Singh along with the help of Bhaga son of Lubhaiya resident of Boot and at that time from the opposite party Walait son of Jagir etc were not present at the place of occurrence. This fact has been verified by the statements of Sonu son of Lubhaiya and Jaswinder Singh @ Babbu. During the investigation anything regarding the applicant's daughter Ramandeep Kaur being molested by the opposite party has not been brought forth because in the application given by the applicant regarding her daughter's M.L.R dated 04-07-19 issued by the Civil Hospital, Kapurthala and in the statement given by the applicant Balwinder Kaur to S.I. Amandeep Kumar on date 10-07-19 she has not stated anything regarding her daughter being molested by the opposite party. That these facts show that the allegations by the applicant of her daughter being molested by the opposite party are totally baseless. And as far as her son Sandeep Singh being beaten up and hung by the neck from the tree, she has not been able to present any witness or evidence. Sandeep Singh has killed himself by hanging himself due to personal problems which he did not tell anyone. In this no fault of anyone has been brought forth. Therefore the applications are recommended to be consigned to office."
5. It was noticed by this Court that even though the medico- legal report suggested certain injuries on the body of the deceased, however, the reply filed by the respondent-State was silent on the said aspect in the mode and manner in which the injuries had been sustained in its order dated
02.04.2024. The same reads thus:- "Affidavit filed by the respondent-State coupled with the enqiry report filed as Annexure R-1/T fails to give any explanation as regards the nature of the injuries, although minor as well as the bruises have not been explained. Further, a conclusion has been drawn that the son of the petitioner committed suicide on account of some personal reasons, however, no such personal reason leading to Sandeep Singh committing suicide has been forthcoming even in the enquiry conducted by the Deputy Superintendent of Police. Learned State counsel seeks time to file a proper and detailed affidavit explaining the seat of the injuries received on or before the next date of hearing. Adjourned to 28.05.2024.
6. In compliance thereto, an affidavit dated 27.05.2024/28.05.2024 has been filed by the Deputy Superintendent of Police, Sub Division, Bolath. The relevant extract of the said affidavit reads thus :-
3. That after passing of the order dated 02.04.2024 by this Hon'ble Court, the Senior Superintendent of Police, Kapurthala got the knowledge of the same and thereafter constituted a Special Investigation team (SIT); vide Letter No. 35201-03/Litigation dated 04.05.2024
consisting of (1) Superintendent of Police (Investigation), District Kapurthala as Chairman, (2) Deputy Superintendent of Police, Sub-Division Bholath, District Kapurthala- (Member) and (3) Station House Officer, Police Station Subhanpur, District Kapurthal-(Member) to inquire in regard to the allegations in the present petition as well as in regard to observations made by this Hon'ble Court in the order dated 02.04.2024.
4. Thereafter, a detailed inquiry was conducted by the SIT and report dated 22.05.2024 was submitted before the deponent, whereby the following points have come on record, which are stated herein below for the kind perusal of the this Hon'ble Court:- I. That in the present case representations were submitted by Balwinder Kaur and the same were endorsed with No. 1449- S.P.C dated 17.07.2019, No. 138-D dated 25.07.2019, No. 817-P.C. dated
24.07.2019, No. 307-H dated 09.082019 and 335-H dated 23.08.2019. II. That thereafter, inquiry on all the abovesaid representations was conducted by the then Superintendent of Police, Investigation, District Kapurthala and report dated 10.07.2019 was submitted, whereby it was stated that the complainant's son Sandeep Singh was found dead, hanging on a tree on the outskirts of the village, and on the statement of the complainant, the then SI Amandeep Kumar Incharge Police Post Badhshahpur, started the proceedings under Section 174 Cr.P.C on 11.07.2019, and the post-mortem of the deceased Sandeep Singh was got
III. That it was further stated that on the perusal of the post- mortem report of Sandeep Kumar, it was found that other than some scratches on the body of the deceased, there was no other injury/serious injury on his body. The board of doctor's gave their opinion on the post-mortem report in which the cause of death was stated as "Asphyxia due to hanging and external general appearance Ligature Mark Present Around Neck, V Shaped 23 cm in length, 2cm in breadth with imparched skin and at above the Thyroid Cartilage." IV. That thereafter, a detailed inquiry was conducted by the SIT and the inquiry report of the then Superintendent of Police, (Investigation), District Kapurthala, of SH. Harinder Singh Gill, PPS the then Deputy Superintendent of Police, Sub-Division Kapurthala and the affidavit submitted before the Hon'ble High Court dated 20.01.2020 were also perused. V. That thereafter, the SIT sought opinion on the Post-Mortem report of the deceased Sandeep Singh having No. BD/ 10/ 2019/ PK/RP/MPS/CH/KPT dated 11.07.2019, whereby 4 injuries were stated to be inflicted through Letter No. 468-RK dated
07.05.2024 from the Senior Medical Officer, Kapurthala. VI. That the above-said Letter No. 468-RK dated
07.05.2024 was marked to the Head of the Medical Board who gave their opinion on the above-said post-mortem namely Dr. Prem Kumar (now Senior Medical Officer CHC Fattudhinga, District Kapurthala), who gave his opinion on the injuries
of the deceased Sandeep Singh, whereby it was stated that, "After going through the pm report no BD/10/2019/PK/RP/MPS/CH/KPT dated
11.07.2019 and as required by Hon'ble High Court Punjab The mentioned in post mortem report are superficial in nature and are simple. The injuries could be due to tree touching the body after hanging the cause of death in this case asphyxia superficial due to hanging which is sufficient to cause death in ordinary course of nature." VII. That during the inquiry it has also been found that, in the proceedings conducted under Section 174 Cr.P.C the statements of the then Inquiry Officer SI Amandeep Kumar, Incharge Police Post Badshahpur, the Sarpanch of Village Buta Sh. Rajpal Singh son of Anokh Singh Police Station Kotwali (now Subhanpur), District Kapurthala and the mother of the deceased Balwinder Kaur wife of Surjit Singh resident of Boot, were got recorded. VIII. That from the abovesaid statements recorded, it has been found that the deceased Sandeep Singh was married to Rupinder Kaur after the death of her husband, who was the real brother of Sandeep Singh's mother Balwinder Kaur. That Rupinder Kaur already had 5 daughters and that Rupinder Kaur was the maami (aunt) of the deceased, and it has also been found on the perusal of the statements that Balwinder Kaur had illicit relations with one Kuldeep Singh son of Valait Singh, who is also a resident of the deceased Sandeep Singh's mother's village that is Village Boota, Police Station Kotwali.
IX. That the said fact was also verified by Kuldeep Singh son of Valait Singh and Valait Singh son of Jagir Singh by themselves, in the earlier inquiry conducted by the then Superintendent of Police, (Investigation), Kapurthala. X. That in the present inquiry conducted by the SIT it has been found that Sandeep Singh hanged himself to death because of his mother's illicit relations and his marriage with his real Mammi (aunt) reasons, but in this regard nothing can be stated in a clear manner. That it is humbly submitted that from the inquiry conducted by the SIT, the opinion was obtained in regard to the injuries sustained by the deceased, whereby it has been found that "...The mentioned in post mortem report are superficial in nature and are simple. The injuries could be due to tree touching the body after hanging the cause of death in this case asphyxia superficial due to hanging which is sufficient to cause death in ordinary course of nature..." That further in regard to the personal reasons, it has been found that the deceased committed suicide because of his marriage with his real mammi (Aunt) and because of the illicit relations of his mother Balwinder Kaur with Kuldeep Singh son of Valait Singh, who is also a resident of the deceased Sandeep Singh's mother's village that is Village Boota, Police Station Kotwali."
7. It is clarified in the above affidavit that the injuries were mentioned in the post mortem report were not homicidal in nature and were caused due to scratching of the body by the tree after hanging. The cause of
death in the case was asphyxia and the personal reason for committing suicide is also set out thereunder.
8. Learned Counsel for the petitioner relied upon the judgment of Hon'ble Supreme Court in "Lalita Kumari versus Government of Uttar Pradesh and others" to support his arguments, however, the above reliance is wholly misplaced and misconceived. The mandate of Lalita Kumari (supra) requires an investigation to be conducted in a cognizable offence being reported. Once the respondent Police, on an enquiry, has come to a conclusion that no cognizable offence was made out and it was not a case of a homicidal death of Sandeep Singh and rather it was a case of suicide on account of the family circumstances that have been set forth in the affidavit, hence, the reliance on the said judgment is misplaced.
9. Even though learned Counsel for the petitioner has vehemently argued that the above said findings are conjectural in nature and that the same were not given to the complainant for cross-checking, however, I am of the opinion that the enquiry conducted by the respondents into the death of Sandeep Singh cannot ipso facto be said to be misconceived and based on no evidence or consideration.
10. Under the said circumstances, it would not be appropriate for this Court to direct registration of a criminal case especially when there is no evidence to establish homicidal death or to even prima facie establish the allegations against respondents No. 5 to 10. Serious disputed questions of fact are involved in the present case and the Police has already exonerated the private respondents. This Court has no material or reason to disbelieve
the inquiry conducted by the respondent. Issuance of any direction nonetheless would amount to incarcerating the private respondents once again. This Court would refrain from commenting any further on the matter as no further directions are required to be issued any further. The petitioner may, if so advised, opt to take recourse to her alternative remedies as per law. The present writ petition is accordingly disposed of with liberty as aforesaid.
(VINOD S. BHARDWAJ) SEPTEMBER 11, 2024 JUDGE Vishal Sharma
Case details
Parties and counsel
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-30978-2019 Date of decision: 11.09.2024 BALWINDER KAUR ......Petitioner VERSUS STATE OF PUNJAB THROUGH THE DIRECTOR GENERAL OF POLICE PUNJAB AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ 00000 Present: - Mr. Dinesh Ghai, Advocate and Mrs. Amita Arora, Advocate for the petitioner. Ms. Niharika Sharma, Asstt. A.G. Haryana. *****
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