SHAKUNTALADEVI GIRJA RAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner herein the widow of deceased Girja Ravat, who was serving as a Cook in the Jamnagar Air Force I Mess and who is alleged to have been brutally murdered by respondent Nos.2 to 11 and others, praying for re-investigation and/or further investigation of the case i.e. Sessions Case No.28/1997 pending in the Court of learned Sessions Court, Jamnagar by Central Bureau of Investigation.

(2.) FACTS leading to filing of the present petition in nut-shell are as under:

(3.) HEARD learned advocates appearing for respective parties at length. At the outset it is required to be noted that present petition has been preferred by the petitioner as a victim and widow of the deceased who is alleged to have been murdered brutally by the accused persons who are high-ranking officers/officers of the Air Force, Jamnagar in whose custody the deceased has died and has prayed for further investigation of the case in exercise of powers under Section 173(8) of the CrPC by an independent agency like CBI. It is true that after the investigation all the accused persons are charge-sheeted for the offences under Sections 302, 331 and 114 of the IPC and the case is committed to the learned Sessions Court. However, it is the case on behalf of the petitioner and even the State that the investigation has not been carried out in a proper manner and the statement of concerned persons are not recorded and even the investigation is faulty and the benefit of such faulty investigation is likely to be taken by the accused persons. It is the case on behalf of the petitioner that as the accused persons are the officers of the Air Force, Jamnagar and Air Force Police, Jamnagar, it is apprehended that there is no proper investigation by the I.O. and therefore, it will be just and proper to order for further investigation by the CBI an independent agency.