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2005 DIGILAW 1044 (PNJ)

Kultar Singh v. State Of Punjab

2005-09-28

SATISH KUMAR MITTAL

body2005
Judgment Satish Kumar Mittal, J. 1. Initially, this petition was filed under Articles 226/227 of hte Constitution of India which has now been treated as petition under Section 482 of the Code of Criminal Procedure. 2. In this case, FIR No. 59 dated 5.6.2004 was got registered by the petitioner under Section 364/34 IPC alleging therein that since morning of 3.6.2004, his brother-in-law Kulwant Singh, his sister Harjit Kaur and their two children Ramandeep Kaur and Avrinder Singh (aged about 17 years and 14 years, respectively) were missing from their residence. In the FIR, it has been stated that four pairs of chappals, one steel container and one tiffin box were found on the slopes of Nagowan bridge of Bhakra canal. Inspite of their searching by the complainant, they were not found. It has been alleged that the complainant had full doubt that his brother-in-law Kulwant Singh, his wife and two children have been kidnapped and killed by Jaspal Singh, real brother of deceased Kulwant Singh, his son Sandip Singh and one Amar Singh, residents of village Nagowan. It has been stated that the motive of the crime is that a civil dispute was going on between the aforesaid Kulwant Singh and Jaspal Singh. In that civil suit, an order of interim injunction was passed in favour of Kulwant Singh and because of the pendency of the said suit, it has been alleged that the aforesaid Jaspal Singh was having a grudge against him. 3. Subsequently, on 6.6.2004 and 10.6.2004, the dead bodies of Kulwant Singh and Ramandeep Kaur were found from the Narwana branch of Bhakra canal. Thereafter, post mortem examination on the dead bodies was conducted and in the report of the Chemical Examiner, it was opined that there was no poison found. The Government Medical College, Patiala (Rajindra Hospital) vide its report Annexure P-12, had given the cause of death of Kulwant Singh as drowning. However, no report regarding the cause of death of Ramandeep Kaur has been received from the Government Hospital, Bassi Pathana. The investigation of the case has been conducted by the local police but no clue regarding the culprits of the aforesaid offence could be found. 4. Subsequently on 15.9.2004, the petitioner filed the instant petition for transfer of the aforesaid case to some independent agency alleging therein that the local police was not conducting the investigation in a fair and proper manner. 4. Subsequently on 15.9.2004, the petitioner filed the instant petition for transfer of the aforesaid case to some independent agency alleging therein that the local police was not conducting the investigation in a fair and proper manner. Even the named accused in the FIR were not arrested. Nothing has been done. Even the bodies of two other victims have not been recovered and it is also not clear whether they are alive or dead. 5. Pursuant to the notice, separate replies have been filed. It has been stated that a thorough investigation was being conducted by the local police on different theories to detect the truth but no clue regarding the accused, who committed the said crime, has been found. Regarding the accused named in the FIR, it has been stated that they have been named merely on the basis of suspicion and during investigation no incriminating evidence was found against them. 6. Subsequently, under the order of this Court dated 16.8.2005, Shri Varinder Kumar, Senior Superintendent of Police, Fatehgarh Sahib filed an affidavit dated 17.9.2005 in which it has been stated that to investigate the offence in the aforesaid FIR, a Special Investigating Team headed by Superintendent of Police, Detective, Fatehgarh Sahib was constituted. A thorough investigation has been conducted by the said investigation team. A number of suspected persons and other concerned persons were examined by the said investigating team during the investigation, but no evidence came on the record against any one or against the alleged accused mentioned in the FIR regarding this murder case. It has been further deposed that all possible efforts have been made by the investigation team to trace out the real accused but they could not be traced out. Ultimately, the Special Investigation Team has prepared the untraced report which is likely to be submitted before the appropriate Court. 7. I have heard the counsel for the parties and gone through the contents of the petition as well as the reply and the affidavit dated 17.9.2005 filed by the Senior Superintendent of Police. 8. In this case, four persons are alleged to have been kidnapped and murdered. The dead bodies of two persons have been recovered from the canal. The bodies of two persons are still missing and it is not clear from the investigation whether they are still alive or have died. 8. In this case, four persons are alleged to have been kidnapped and murdered. The dead bodies of two persons have been recovered from the canal. The bodies of two persons are still missing and it is not clear from the investigation whether they are still alive or have died. Though it has been stated in the reply that the local police as well as the Special Investigation Team constituted later on headed by Superintendent of Police, Detective, Fatehgarh Sahib have ultimately investigated the matter but no clue of the real culprits has been found and they have prepared the untraced report. In this case, no arrest has been made. Only various persons including the suspected accused are alleged to have been interrogated. In view of these facts and circumstances of the case, I am of the opinion that the investigation of the case should be conducted by some other agency like the Crime Branch of the Punjab Police. 9. Hence, this petition is allowed and a direction is issued to the Additional Director General of Police, Crime, Punjab to constitute a special team of three expert investigating officers headed by an IPS officer for investigation of the aforesaid FIR. The newly investigation team will investigate the aforesaid offence from all probable theories and angles, and complete the investigation of the case preferably within a period of four months. The local police is directed to hand over the investigation file of the aforesaid case to the Additional Director General of Police, Crime, Punjab, who, in turn, will hand over the same to the newly constituted team.