Decided on May 23,1991

MUNNA LAL Appellant
STATE Respondents


V.P.BHATNAGAR, J. - (1.) Petitioner Munna Lal has filed this writ petition under the provisions of Arts. 226 / 227 of the Constitution of India. The averments made in the petition are that his eldest son Rakesh Kumar was married to Smt. Santosh daughter of Sham Lal in the month of October 1990. The petitioner had gone to Uttar Pradesh on 4/02/1991 where he got the information from his brother-in-law that Rakesh Kumar had died. He rushed back. It was then that he gathered that the dead body of Rakesh Kumar was recovered by the police at Kufri on 5/02/1991, at about 9. 10 a.m. He further learnt that Sham Lal had come to Rakesh Kumar's house on 4/02/1991 and persuaded to take him to Jatol Dispensary where he was posted as a sweeper. Rakesh Kumar's wife Santosh wanted to accompany them but Sham Lal did not agree. She further requested her father that let Rakesh Kumar take his meals but got an answer that he will be served special diet on that day after which he will not become hungry. It is further averred in the petition that Sham Lal was inimical towards the deceased from the very beginning when marriage took place in October 1990.
(2.) The petitioner has thereafter been knocking at one door or the other for having his F.I.R. registered. He approached the police and thereafter the Deputy Commissioner, Shimla and then the Director General Police, Himachal Pradesh but all in vain.
(3.) In reply to the notice issued to the State the Director General Police, Himachal Pradesh, Shimla, has filed his affidavit today in the Court. Its perusal shows that the dead body was first noticed on 5/02/1991 by one H. C. Shiv Ram. It was then taken for post-mortem examination and the opinion given by the Medical Officer was that 'deceased died due to respiratory distress (Asphyxia) due to exposure to cold while under the effect of alcohol'. Here, it is submitted by Shri Vijay Thakur, learned counsel for the petitioner, that the above medical opinion was tendered as a result of reviewing the entire case and is not the original opinion. Further contents of the affidavit filed by the Director General Police, Himachal Pradesh, are to the effect that the enquiries made have revealed that there was no motive for killing Rakesh Kumar and that it appears that Rakesh Kumar in a state of inebriation left Jatol for Mashobra at about 9 p.m. brushing aside all requests made to him and that he died a natural death due to exposure to extreme cold and as a result of consuming alcohol.;

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