MAHESH GROVER,J - (1.) THIS is a petition under Section 482 of the Cr.P.C., praying for issuance of appropriate directions to the concerned official respondent Nos. 1 to 4 to register the FIR against respondent Nos. 5 to 7 under the relevant provisions of law after ascertaining the cause of death of the husband of the petitioner.
(2.) A complaint was submitted by the petitioner to the respondents alleging that her husband has been murdered by respondent Nos. 5 to 7 who had given him beatings. It was the case of the petitioner that her husband had gone to attend to his duty at 8.30 a.m. on his bicycle. At about 3.30 p.m., Ajmer Singh son of Roor Singh and Ujagar Singh son of Hazara Singh came to her house and informed her that her husband Nirmal Singh was lying in an unconscious state on the kachha road near Walia Farm. They also informed her that he had been beaten up with lathis and hockey sticks and it seemed that he was dead. The petitioner sent her children to the site with a cart, who brought him to the house where he died. The villagers informed the Police Station Sohana about the mishappening and also informed them that respondent No. 5 and his brother had threatened the petitioner's husband to kill him on an earlier occasion. The information was also given to the police that when the deceased Nirmal Singh had left for duty, the aforesaid persons had followed him with hockey sticks and lathis. Since no case was registered against the accused persons, the petitioner was constrained to approach the Chairman, Punjab Human Rights Commission, for registration of the case under Section 302 IPC against the accused persons. The matter was referred to the Additional Director General of Police (ADGP) of the Commission for investigation. The Senior Superintendent of Police (SSP), Ropar submitted a report dated 20.11.2004, to the Commission in which it was stated that the accused persons namely Om Parkash and his brother Kulbhushan were found to be innocent and that the accused was an alcoholic and he was heavily drunk. The probability expressed in the report was that he might have died on account of heavy consumption of liquor or some intoxicants
(3.) THE petitioner did not accept the report and the matter was referred to ADGP of the Commission for investigation and another inquiry was got conducted by the SSP (Detective) who also did not support he allegations of the complainant. In the meantime, the report of the Chemical Examiner had also come on record which revealed that the cause of death was due to poisoning. The police, even thereafter, did not register any case.;