AJAI LAMBA, J. - (1.) THIS petition filed under Section 482 Cr.P.C. seeks directions to the respondents to have an investigation conducted by the Central Bureau of Investigation (for short, CBI) into the causes of death of Rohtash in police custody at Police Station Hodal of 17.04.2007 on the basis of complaint made to the Superintendent of police, Dehat, Palwal.
(2.) THE sequence of events given out in the petition leading to the death of Rohtash are contained in Para 3(1) to 3 (ix). The contents read as under :- "3. xx xx xx xx xx xx xx xx (i) That on 17.04.2007 at 11.30 a.m. the deceased Rohtash, son of the petitioner R/o Village Bancharva Distt. Hodal while driving a Maruti Car collided with one Auto near Hasanpur Chowk. According to the eye witnesses, on account of the arguments that ensued between the deceased and the Auto Driver, the police was informed and traffic constable Beer Singh along with two police men came to the spot and the deceased was beaten in the presence of people who had gathered there and taken away by the police. (ii) The deceased was taken to the office of DCP Hodal, Mr. Virendra Vij. The petitioner rushed to DCP's office and saw that when his, Rohtash (deceased) protested about unnecessary beating and the high handedness of the police constables the DSP was furious and he started to beat up the deceased in front of the petitioner. According to the eye witness who were present in the Tehsil premises, it being a market day, they witnessed the brutal manner in which the police officers beat up the deceased and the DSP Virendra Vij dragged the deceased to Tehsil premises. There the DSP with constable Beer Singh and some policemen beat the deceased using their feet, fists as well as lathis and danda. Thereafter the son of the petitioner writing in pain and in almost unconscious condition, was taken to P.S. Hodal. (iii) As per the version of the police officers which emerged from the inquiry conducted by the Magistrate DD No. 6 was registered at P.S. Hodal on 17.04.2007 at 11.30 a.m. pursuant to a complaint made by Jamaluddin S/o Hurmat Khan, R/o Village Raniyata. The said complaint alleged to have been registered by the SHO Krishan Kumar S.I., P.S. Hodal. (iv) The Petitioner followed them to the P.S. Hodal where he was informed by the Reader to make arrangements for the sureties for his son. The petitioner want back to arrange for sureties. (v) That as per the roznamcha maintained in the police station DD No. 27 dated 17.04.2007, ASJ Liyaqat Ali registered a case against Rohtash (the deceased) under section 107/151 Cr.P.C. and his arrest has been shown at 9.15 p.m. (vi) As per the version of the police when the cook Naresh Kumar went to the lock up to give food to the deceased/accused Rohtash at 10.10 p.m. he found the deceased Rohtash hanging from the iron garter using the cover of the gadda. Naresh informed this incident to Jan Mahammad MHC, HC Rajesh Kumar and ASI Liyaquat Ali. They also went there and saw accused/deceased hanging. xx xx xx xx (vii) That on 17.04.2007 at 11.30 p.m. after an unexplained delay of one hour 20 minutes the SI/SHO Liyakat Ali for informed the magistrate Sh. Amrit Singh Chalia about the custodial death of Rohtash (vide DD No. 30). The ld. magistrate reached P.S. Hodal at 1 a.m. (early morning) on 18.04.2007. Thereafter the photographer was called who took photograph of the place of incident and of deceased. (viii) The petitioner too was asked to come to the police station where he was told by the police that his son has committed suicide by hanging himself. (ix) That on 18.04.2007. at 9.20 a.m. post-mortem was conducted. The report shows that "death in this case is due to hanging. Injuries are ante mortem, fresh in nature and caused by blunt force impact." Contention of the learned counsel for the petitioner, on the basis of pleadings in the petition is that the police authorities wanted this matter to be disposed of as a case of suicide without even conducting an investigation as proved under the Code of Criminal Procedure.
(3.) SO as to indicate that thorough investigation is required, it has been pointed out that there is no material on record as to the height of iron garter; there was no stool or chair in the lock-up room which could have been used in committing suicide. Much emphasis has been laid on the report given by Shri Amrit Singh Chalia, Judicial Magistrate, Ist Class, Palwal, in regard to the incident, who reached the Police Station, Hodal, at about 1.00 A.M. during the intervening night of 17/18.4.2007.;