GUMAN MAL LODHA, J - (1.) THIS is a criminal miscellaneous petition No. 410 of 1986 A letter was received by this Court from one Abdul Vaheed son of Ramzan Khan Assistant, Agriculture officer, Baran requesting that the investi-gation of F. I. R. No. 133 of 1986 registered at police station Baran District Kota be directed to be conducted by the Central Bureau of Investigation.
(2.) THE applicant's in his representation annexed to this letter to this court has submitted that on 10. 4. 86 at about 5 p. m. he was informed then his son Maru is being taken in police jeep to hospital and either the S. H. O. himself of his son has shot him dead. A complaint was filed in the police station, on 19. 4. 1986 and an F. I. R. No. 133 of 1986 was registered for offence under Section 304-A of the I. P. C. THE police has ultimately come to the conclusion that, the Investi-gation has revealed that it was a case of suicide by accidental, death since the deceased wanted to see the revolver. THE investigation, was handed over to the C. I. D. on a complaint by the applicant Abdul Vaheed and the police department after investigation by Intelligence Branch have filed a final report in the court of Chief Judicial Magistrate, Baran, mentioning that it is a case of accidental death by revolver. When this letter reached this court it was registered as criminal case this court appointed Shri Mahesh Gupta Advocate Amicus Curaei on 29th August,1986 for assisting the court. Unfortunately Shri Mahesh Gupta has chosen not to appear in court to assist the court. In his absence I have taken the assistance of Mr. Ajay Purohit counsel for the state and have gone through the record of the police investigation from the police diary. The conclusion drawn by the C. I. D. Investgation is that the deceased Mara aged 18-19 years went to the House of the accused Dhirendra father Nand Ram who is S. H. O. Baran and insisted that he would like to see the revolver which was lying in the safe. 'the accused, Dhirendra then took, out the revolver and the deceased first pressed the tragger but when it did, not work, then the deceased Mam continued to try with and in that process the tragger was pressed when Dhirendra was outside. Dhirendra came running on hearing the noice of the shot and then found that Maru was having one hand on his chest and the other on the stomach and suddenly he fell dawn. The accused come in the police station and told people about this and they rushed to the spot and took the deceased to the Hospital. Dhirendra is boy of 13 years. The investigating Agency came to the conclusion that the Conduct of Dhirendra in mainting his composer and patience and informing people and not loosing balance of mind shows that he was not involved in the incident. The investigating agency also, took support from the distance and the range and the direction from which firing took place five, or, six. circumstances have been taken in to consideration, for giving the final report. The final report has been submitted to the C. J. M. Baran and is yet to, be accepted. It was sent on 27. 8. 1986 or so.
(3.) FROM the statement of the father of the deceased it appears that there was one boy who saw Dhirendra firing at the deceased. It appears that one Kalu told father of the deceased that the firing took place when Dhirendra pressed the trigger of the revolver. This finds place in the statements of Iqbal son of Yameen 31 years father of Kalu. The Case has attained serious dimensions because the accused is son of Nand Ram S. H. O. Baran in whose residential house this occurrence, took place, in the premises of police station. The father of deceased insist that it was a case of murder and not accidental death. It is very difficult for this court to make' any observation either way. because the-investigation conducted by the intelligence Department of the Police, is based an circumstances and from that inference has been drawn, that it was art accidental death in which the deceased himself pressed the trigger of revolver. ;