- (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) THIS writ application has been filed by the petitioner for handing over the investigation of Gumla P.S. Case No. 305 of 2009 corresponding to G.R No. 883 of 2009 for the offence under Section 302 of the I.P.C to the C.B.I., as also for a direction to the respondent State to grant compensation of rupees ten lakhs to the petitioner, whose husband was allegedly killed by the constable of S.T.F. It appears that said Gumla P.S. Case No. 305 of 2009 was instituted, alleging that the husband of the petitioner was killed by S.T.F personnel. It further appears that the case was investigated and it was found that the husband of the petitioner was killed by unknown persons and after the investigation the final form has been submitted in the said case. It also appears that in course of investigation, the empty cartridges recovered from the place of occurrence were examined at the Forensic Science Laboratory and they were not found to be fired from any police weapon and accordingly, the allegation of the petitioner that her husband was killed by the police personnel, was not substantiated. From perusal of Annexure-A to the supplementary counter affidavit, it appears that the Superintendent of Police, Gumla had also supervised the case and found that false allegations have been made against the police personnel as the empty cartridges recovered from the place of occurrence were examined at the Forensic Science Laboratory and they were not found to be fired from any police weapon. Accordingly, the Superintendent of Police directed for submitting of final form in this case against unknown and pursuant thereto, the final form has also been submitted.
(3.) ARNED counsel for the petitioner has submitted that it is the duty of the police to find out as to who had killed the husband of the petitioner and also, whether he was killed by any extremists and if he was found to be killed by the extremists, the petitioner would be entitled to get compensation, in view of the circular of the State Government, brought on record as Annexure-1 to the rejoinder. It is further submitted that proper investigation has not been made in this case and as such, it is a fit case in which the investigation should be handed over to the C.B.I. After having heard the learned counsel for the petitioner and upon going through the record, though I find that considerable public sympathy was attached with the case and there was public agitation against the police and administration, but the fact remains that at one instance, the case of the petitioner was that the husband of the petitioner was killed by some constable of S.T.F., and the other, it is submitted that it is for the police to find out whether the petitioner's husband was killed by the extremists and if he was found to be killed by the extremists, the petitioner is entitled to get compensation. As such, it is apparent that the petitioner's stand about the real culprit is not definite.;