- (1.) This is a petition under Section 482 of Code of Criminal Procedure for handing over the investigation of FIR No. 54 dated 16.05.2010, registered under Section 304-A/323/341/148/149 IPC at Police Station Dirbha, District Sangrur to Central Bureau of Investigation as the Respondents have converted a murder case into an accident in connivance with the accused.
(2.) Reply has been filed. As per reply, after investigation, the challan has been prepared under Section 304 Part-II. However, certain discrepancies have been pointed out by the Petitioner. It is stated that they are eye-witnesses to the occurrence. The death, as per the medical report, is also on account of injuries. Hence, how could the Police came to a different conclusion. Further, FIR is stated to be lodged on the statement of Mohd. Nafis son of Mohd. Sharif whereas, he had made no statement to the police and his thumb impression were obtained by the police on the pretext of handing over of dead body of deceased Mohd. Sonu. Whereas, the Petitioners kept on making the statement to the police regarding the manner in which the accused committed the murder of Sonu and caused injuries to them but their statements were not recorded by the police. Rather, the Petitioners were threatened by the police that they would also be implicated for committing murder of Mohd. Sonu, if they kept on raising hue and cry. It is stated that Mohd. Nafees had also given an affidavit that his thumb impression was obtained on the blank papers by Respondent No. 3 on the pretext that these are required for handing of the dead body of the deceased to him.
(3.) Learned Counsel for the State, however, submitted that the said investigation was also conducted by SP Headquarter, Sangrur. The offence has been converted to Section 304 Part-II . Accordingly, no further investigation is required.;