Research › Search › Judgment

Punjab High Court · body

2002 DIGILAW 980 (PNJ)

Mauji Ram v. State Of Haryana

2002-09-25

ASHUTOSH MOHUNTA

body2002
Judgment Ashutosh Mohunta, J. 1. Mauji Ram has filed has petition under Section 482, Code of Criminal Procedure, for entrustment of case F.I.R. No. 100 dated May 14, 2002, registered at Police Station, Bhiwani (Annexure P1), in connection with the death of his son Vijay in Police custody, to the C.B.I. or some other senior Police Officer not below the rank of D.I.G. of Police, and to register a case under section 302 read with Section 120-B, Indian Penal Code, against the guilty police personnel. 2. I have heard the learned counsel for the parties and with their assistance have gone through the case file. 3. Briefly the facts of the case are that A.S.I. Hoshiar Singh of Police Post Gujrani on April 30, 2002 had apprehended a car in which Ranbir, Vijay (deceased) and Suraj Mal were travelling and had allegedly recovered one Kilogram Charas therefrom. The A.S.I. had allegedly taken Rs. 30,000/- from Ranbir and had released him along with the car in question. However, Vijay deceased was taken in custody by Hoshiar Singh. In the wee hours of May 1, 2002 Ranbir, who belonged to the village of the deceased, informed the petitioner that his son Vijay had been apprehended by the Police and he would be released by Hoshiar Singh only if a sum of Rs. 50,000/- is paid to him. The petitioner made arrangement of Rs. 50,000/- and proceeded to Gujrani Police Post along with his cousin Shri Bhagwan. The amount of Rs. 50,000/- had allegedly been paid to Hoshiar Singh A.S.I. The petitioner and his cousin brother Shri Bhagwan were told by the A.S.I. that Vijay deceased would be released on the next day after he had a talk with the D.S.P. Thus, he told them to come on the next day. There the petitioner allegedly met his son Vijay (deceased), who was very nervous and told the petitioner about the beating given to him by D.S.P. Rohtash Singh Ahlawat, A.S.I. Hoshiar Singh, Head Constable Satbir Singh and Constable Satish Kumar. He was also apprehensive that he would be killed by the said Police Officials. On May 2, 2002 the petitioner went to Police Station Sadar, Bhiwani, where he met S.H.O. Narain Singh, who told him that the D.S.P. had gone on tour and Vijay would be produced before him. He was also apprehensive that he would be killed by the said Police Officials. On May 2, 2002 the petitioner went to Police Station Sadar, Bhiwani, where he met S.H.O. Narain Singh, who told him that the D.S.P. had gone on tour and Vijay would be produced before him. The S.H.O. had allegedly directed the petitioner to come to the Police Station on May 4, 2002. On May 3, 2002 the petitioner had received a message through a constable from the Police Station to the effect that Vijay deceased was calling him. At about 11 A.M. the petitioner along with the members of the village Panchayat reached Police Station Sadar, Bhiwani. There they were told that Vijay had committed suicide. They were not allegedly permitted by the S.H.O. to see the dead body of Vijay. They were allowed to go near the dead body only on the arrival of the S.D.M. Bhiwani, who recorded the statement of the petitioner on May 4, 2002. 4. In the post-mortem examination report it has been mentioned that the injuries were "sufficient to cause death in ordinary course of nature" though the cause of death was opined to be asphyxia due to hanging. It has also come in the post-mortem report that eyes and the mouth of the deceased were closed. The left thumb of the deceased was also found to be staining with blue ink. Fracture of the hyoid bone was also detected by the doctor. 5. On the other hand, it has been alleged by the Police authorities that Vijay deceased was apprehended on May 3, 2002 and one kilogram of Charas was recovered from his possession. F.I.R. No. 166 dated May 3, 2002 at 12.40 P.M. under Section 20 of the N.D.P.S. Act was registered against him. He was allegedly lodged in the Hawalat at 3.40 P.M. and at 4.15 P.M. Vijay was found dead. 6. In his inquiry report dated May 10, 2002, Shri Om Parkash, D.S.P., Loharu, has stated that Vijay Kumar deceased was kept in illegal detention from April 30, 2002 to May 3, 2002 for the purpose of extracting money. According to his report the illegal detention had compelled Vijay Kumar to commit suicide. 6. In his inquiry report dated May 10, 2002, Shri Om Parkash, D.S.P., Loharu, has stated that Vijay Kumar deceased was kept in illegal detention from April 30, 2002 to May 3, 2002 for the purpose of extracting money. According to his report the illegal detention had compelled Vijay Kumar to commit suicide. On the basis of his inquiry report, F.I.R. No. 100 dated May 14, 2002, under Sections 342 and 306, Indian Penal Code, as also under Sections 7, 13 and 49 of the Prevention of Corruption Act, 1988 was registered against respondent Nos. 5 to 7 and 9. In his inquiry report (Annexure R1) dated June 20, 2002, S.D.M. Bhiwani, has, inter alia, concluded as under :- "ASI Hoshiar Singh, who arrested Vijay deceased, lodged, the accused in the HAWALAT at 3.40 P.M. and after some time at 4.15 P.M. Vijay was found dead after hanging. Taking of decision for committing suicide by Vijay during the period of 35 minutes is doubtful. Therefore, there can be possibility that time of lodging the accused in the HAWALAT may be before/prior to the time as shown". The S.D.M. further recommended that in the light of the "aforesaid points and the statements of the family members of the deceased it would be justified for the higher authority of the police to hold enquiry against the faulty officials of the police." 7. Prima facie it appears from the aforesaid enquiry reports of Shri Om Parkash, D.S.P., Loharo, as well as the S.D.M., Bhiwani, that Vijay Kumar deceased remained in illegal detention of the Police from April 30, 2002 to May 3, 2002, when he was found dead. It was not possible for the deceased to commit suicide within 35 minutes of his alleged detention in HAWALAT. Further it has also come in the post-mortem report that the left hand thumb of the deceased was stained with blue ink. It has also come in the post-mortem report that the eyes and mouth of the deceased were closed. Frothy discharge from mouth and nostrils was found. Further it was found that there was fracture of the hyoid bone. It has also come in the post-morterm report that blood-tinged stool was coming out through anus. All these factors put a question mark on the theory of suicide allegedly committed by the deceased. In the view of the above discussion, I allow the petition. Further it was found that there was fracture of the hyoid bone. It has also come in the post-morterm report that blood-tinged stool was coming out through anus. All these factors put a question mark on the theory of suicide allegedly committed by the deceased. In the view of the above discussion, I allow the petition. It is directed that the investigation of this case be conducted by the Inspector General of Police of the concerned range. After getting the case investigated, a case be registered against the guilty Police Officials/officers, if found involved in the crime.