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2016 Supreme(P&H) 1091

RAKESH KUMAR JAIN
Gurbaj Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Gurinder Singh Hayer, Advocate.
For the Respondent: Mr. V. Ramswaroop, Addl. A.G., Punjab.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- The petitioner is the son of Hardev Singh (since deceased), who died on 11.02.2013, in the alleged suspicious circumstances while serving the sentence for an offence committed under Section 138 of the Negotiable Instruments Act, 1881 in the Sub-Jail, Sri Muktsar Sahib. An enquiry was conducted by Rakesh Sharma, the then Chief Judicial Magistrate, Sri Muktsar Sahib on 07.08.2013, in which he has allegedly made the following observations:-

“As per report of chemical examiner from Exhibit 2 to 5 pesticide Organophosphorous was found and the subsequent opinion of board opined the cause of death as result of cardio respiratory failure as a result of poisoning by Organophosphorous. No separate Executive Magistrate conducted parallel enquiry. Therefore, as per scope of the section, I am submitting my enquiry report which is that Hardev Singh was undergoing sentence under section 138 of NI Act, died unnatural death. It is to be seen:

1. From where the organophosphorous entered into jail premises?

2. It is to be seen where exactly Hardev Singh fainted and was taken to hospital?

3. Where is kitchen garden? As per report there is no kitchen garden in enclos




























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