RAKESH KUMAR JAIN, J. - (1.) THE petitioner is the son of Hardev Singh (since deceased), who died on 11.02.2013, in the alleged suspicious circumstances while serving the sentence for an offence committed under Section 138 of the Negotiable Instruments Act, 1881 in the Sub -Jail, Sri Muktsar Sahib. An enquiry was conducted by Rakesh Sharma, the then Chief Judicial Magistrate, Sri Muktsar Sahib on 07.08.2013, in which he has allegedly made the following observations: - "As per report of chemical examiner from Exhibit 2 to 5 pesticide Organophosphorous was found and the subsequent opinion of board opined the cause of death as result of cardio respiratory failure as a result of poisoning by Organophosphorous. No separate Executive Magistrate conducted parallel enquiry. Therefore, as per scope of the section, I am submitting my enquiry report which is that Hardev Singh was undergoing sentence under section 138 of NI Act, died unnatural death. It is to be seen: 1. From where the organophosphorous entered into jail premises? 2. It is to be seen where exactly Hardev Singh fainted and was taken to hospital? 3. Where is kitchen garden? As per report there is no kitchen garden in enclosed jail. 4. Whether is it a case of suicide or poisoning in food? If it is a case of poisoning by consumption of food, no other person had similar symptoms or was effected. 5. Whether the convict meet any person on that day who provided him food which he had consumed due to which he had died? 6. Whether it is a case of suicide? If it is a case of suicide, where could the prisoner have access to pesticide organophosphoros. Now all the above said aspect is a matter of investigation, which can only be carried out by registering F.I.R. and further proceeding according to law."
(2.) IT is alleged that an FIR No.171, under Section 306 IPC was registered against unknown persons at Police Station City, Sri Muktsar Sahib on 19.09.2013. The petitioner has alleged that his father died under mysterious circumstances in jail complex and without proper investigation, the case has been registered under Section 306 IPC in order to shield the real culprits. It is also alleged that the petitioner and his family members have not been compensated for the death of his father by the State Government and has, thus, made twin prayers, for the issuance of a writ in the nature of mandamus to direct respondent No.2 to register a case under Section 302 IPC against the persons/officials responsible for the alleged murder of his father and to direct respondent No.1 to pay the compensation to the petitioner of Rs.15 lacs.
(3.) AFTER notice, an affidavit of Kuldeep Singh Chahal, IPS, Senior Superintendent of Police, Sri Muktsar Sahib, has been filed on behalf of respondent Nos.1 to 4 in terms of an order passed by this Court on 08.10.2015 regarding status of investigation in the FIR No.171 dated 19.09.2013 . It is averred in the affidavit that the preliminary investigation has been conducted by ASI Chanchal Singh, Police Station City, Sri Muktsar Sahib but the truth was not brought out and, thus, one Special Investigating Team consisting of SHO, PS City, Sri Muktsar Sahib and DSP (Sub Division), Sri Muktsar Sahib was constituted for the thorough investigation. It is further averred that the statement of various persons including the jail inmates were recorded and after completion of investigation, the investigation report No.1812 -R/DSP/SMS dated 20.11.2015 has been prepared, as per which deceased Hardev Singh died during custody in the jail, while working in the nursery/bagichi of sub jail, due to carelessness and negligence and also because of lack of supervision by Warder Nachhattar Singh and Shivraj Singh Nandgarh, the then Deputy Superintendent Sub Jail, Sri Muktsar Sahib, due to which the convict Hardev Singh consumed some poisonous substance and died. It is further averred that on the report of the SIT, the matter was referred to the D.A. Legal, Sri Muktsar Sahib for his opinion, who gave his legal opinion on 26.11.2015 that as per the report of the SIT, offence under Section 120B, 306 IPC and under Section 540(5) of the Jail Manual is found to have been committed by the erring employees and recommended for further investigation. It is further alleged that a direction to the SP(H), DSP(D) and SHO (Sadar), Sri Muktsar Sahib was issued to visit the spot personally to enquire the matter and report. The aforesaid officers visited the spot, again, thoroughly investigated the matter and submitted their report No.2060/R/SP(H) dated 08.12.2015 that as there was no boundary wall over the area of nursery of Sub Jail, Sri Muktsar Sahib which has been covered with the safety wire and agricultural fields and residential houses are situated near the nursery area. The farmers used to throw the insecticides containers after its use and the adjoining residents also used to throw the acid, fennel, pesticides, used to be placed in the wheat after their use near the nursery of jail which used to scatter into the nursery area due to the speedy winds, through rainy water or by the animals, which are used to be destroyed by the jail employees on noticing such facts. It was concluded that on 11.02.2013, when convict Hardev Singh son of Mahinder Singh (since deceased) was working with the other convicts in the nursery of Sub Jail, Sri Muktsar Sahib, then he, escaping the eyes of the Warder, took some poisonous substance into his possession and on the pretext of drinking water went to the water motor located there and consumed the poisonous substance and died.;