JUDGEMENT
Daya Chaudhary,J. -
(1.) This petition under Section 482 Criminal Procedure Code has been filed on behalf of petitioners Lal Singh and Baljinder Kaur for issuance of directions to respondent No.7 to register criminal case against respondents No. 4 to 6 and to investigate the matter by some independent agency and to grant compensation to the petitioners.
(2.) Learned counsel for the petitioners submits that death of Balkaran Singh alias Baldev Singh alias Balla took place under suspicious circumstances and the petitioners were not informed. The dead body was given to Nahar Singh, the brother of the deceased with whom the deceased was having some litigation as 21/2 acres of land which was under mortgage was got redeemed by deceased Balkaran Singh in the year 2009. One brother of Balkaran Singh namely, Gurmail Singh has renowned the world and was leading a saintly life at some unknown place. There was dispute between deceased Balkaran Singh and his brother Nahar Singh with regard to some land. Although the matter was got compromised between the parties through Panchayat but the land in dispute was to be cultivated for six months by Nahar Singh and thereafter for six months by Balkaran Singh. Nahar Singh was not surrendering the possession of the said land to Balkaran Singh and in this regard a complaint was made to SHO Karamjit Singh (respondent No. herein), who assured him for handing over possession to Balkaran Singh. Learned counsel for the petitioners also submits that an amount of Rs. 90,000/- and some other articles were taken by Sub Inspector Karamjit Singh for getting the work done in favour of Balkaran Singh. The said SI Karamjit Singh instead of getting the work done, started harassing Balkaran Singh by joining hands with Nahar Singh. On 22.4.2010, Balkaran Singh was sent to jail in some other case and he was released on bail on 8.5.2010. In his absence, the lock of his house was broken with the help of local police and all articles lying therein were taken away. Subsequently, complaints were also made to SSP, Mansa, Human Rights Commission, Chandigarh as well as other police authorities on 12th May, 2010 and the same were sent through registered post on 13th May, 2010.
(3.) Learned counsel for the petitioner also submits that death of Balkaran Singh took place under suspicious circumstances and his dead body was given to his brother with whom he was having litigation regarding some land. Balkaran Singh before his death uttered certain words with regard to act of the local police and threats were given to withdraw the complaint or to compromise the matter which was heard by Gurlal Singh and Major Singh. Even though post mortem examination was conducted by the doctors but the report was not given and dead body was handed over to the brother of the deceased with whom he was having litigation. Moreover, the dead body was cremated without intimation to anybody in the relation. Learned counsel for the petitioner also submits that respectables of the village including Sarpnach also made protest to SSP, Mansa for registration of case against Karamjit Singrh SHO P.S.Jaurkian and assurance was given but inspite of that no action was taken. No statement of Gurlal Singh and other persons were recorded who witnessed the occurrence. Learned counsel also submits that Balkaran Singh was thrown on the road side just to make it a case of natural death. The matter was not fairly investigated as police officials were involved in the case.;
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