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2018 Supreme(P&H) 3728
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Daya Chaudhary, J.
Navina - Appellants
Versus
State Of Haryana And Others - Respondent
Criminal Miscellaneous No. 41861 of 2017, 2802 of 2018
Decided On : 18-09-2018
R.S. Bains, Adv., P.S. Ahluwalia, Adv., Chetan Sharma, Adv., Sumeet Goel, Adv., Mansur Ali, Adv., H.S. Deol, Adv.
The main legal point established in the judgment is the court's authority to order the transfer of an investigation to an independent agency like the CBI if the local police's investigation is found to be unfair and biased, in order to ensure fair and impartial investigation and secure the ends of justice.
Headnote:
Section 482 - Transfer of Investigation to CBI - Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - Arms Act - [SUMMARY]
Fact of the Case:
The petitions were filed under Section 482 of the Code of Criminal Procedure, 1973 for transferring the investigation of a murder case to an independent agency. The case involved the murder of two individuals, Amit and Satbir, at a farm house. The petitioners alleged that the investigation conducted by the local police was biased and unfair, and sought the transfer of the case to the Central Bureau of Investigation (CBI).
Finding of the Court:
The court found that the investigation conducted by the local police was not fair and impartial. It noted discrepancies in the evidence collected, including the failure to record statements of family members and workers present at the farm house, and the defunct CCTV cameras on the day of the incident. The court also highlighted the lack of interrogation of a key individual present at the scene and the failure to investigate the whereabouts of two absconding suspects. Based on these findings, the court ordered the transfer of the investigation to the CBI.
Issues: The main issues revolved around the fairness and impartiality of the investigation conducted by the local police, the discrepancies in the evidence collected, and the failure to interrogate key individuals and investigate certain aspects of the case.
Ratio Decidendi: The court held that the purpose of fair investigation is to bring out the truth in an unbiased and just manner. It cited legal precedents and guidelines to emphasize the importance of fair investigation and the court's authority to order further investigation or transfer the case to an independent agency if necessary to secure the ends of justice.
Final Decision: The court allowed the petitions and transferred the investigation of the case to the CBI, directing the CBI to complete the investigation within a specified period and ordering the trial court to send the relevant record to the Court of Special Judge, CBI. The local police and state authorities were directed to assist the CBI in conducting the investigation.
JUDGMENT
Daya Chaudhary, J. - Aforementioned two petitions bearing CRM-M Nos.41861 of 2017 and 2802 of 2018 have been heard and are being decided together having the same prayer.
2. Both these petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short - 'Cr.P.C.') for handing over the investigation in case FIR No.15 dated 12.01.2017 under Sections 148, 149, 302, 307, 120-B, 212, 506 of the Indian Penal Code, 1860 (for short - 'IPC') and Section 25 of the Arms Act registered at Police Station Sadar Dabwali, Distt. Sirsa, to an independent agency.
3. Crm-M No.41861 of 2017 has been filed by petitioner Bhawna, who is widow of deceased Satbir Punia, whereas CRM-M No.2802 of 2018 has been filed by petitioners namely Navina, who is widow of deceased Amit Saharan and Ravinder Kumar, who is brother of deceased Satbir Punia.
4. Said FIR was registered at the instance of complainant Ranbir Singh with the allegations that he was doing agriculture farming. One Pardeep Kumar Godara (respondent No.6 in CRM-M No.2802 of 2018) has set up a plant in the name and style of PK Fruits at Chautala-Dabwali Road for pruning and packing of kinnow fruit. On 11.01.2017, at about 08:15 p.m., the complainant along with his nephew Satbir (deceased husband of petitioner Bhawna) went to the plant for making the deal of kinnow orchard. At that time, respondent No.6 and Amit Saharan (deceased husband of petitioner Navina) were sitting in the office of respondent No.6 and were talking to each other. The complainant and his nephew Satbir Punia (deceased) put a proposal relating to their three acres kinnow orchard and after finishing the deal, respondent No.6 went outside towards his orchard. After leaving of respondent No.6, at about 08:45 p.m., two young persons having pistols in their hands entered into the office and fired shots on Satbir and Amit, who were sitting on the chairs. The complainant saved himself by hiding under the table and did not receive any injury. The assailants fled away from the spot in a car, which was parked outside the office. Deceased Amit and Satbir received as many as 27 gun shot injuries and both of them succumbed to the injuries. After arranging the ambulance, both the deceased were brought to CHC, Dabwali, where they were declared dead. It has also been mentioned in the FIR that a number of persons gathered at the spot as well as at CHC, Dabwali. Statement of the complainant was recorded and on the basis of that statement, FIR was registered against the accused persons. Post-mortem examinations of the dead-bodies were conducted. It was reflected in the post-mortem examination reports that the deceased received multiple gun shot injuries. The factum of multiple gunshot injuries and wounds suffered by both the deceased were found to have been reflected in the report prepared by the Forensic Science Laboratory, Madhuban, Karnal (Annexure P-4).
5. After registration of the FIR, the matter was investigated by the investigating agency. During course of investigation, one Krishan Lal Ex. Sarpanch of village Chautala got recorded his extra judicial confession stating that three persons namely Mukh Ram alias Kalu, Mahender alias Gangajal and Sukhwinder alias Minda came to him and suffered an extra judicial confession, wherein the mode and manner adopted in commission of offence was stated. In view of the extra judicial confession, accused Mahender alias Gangajal, Mukh Ram alias Kalu and Sukhwinder alias Minda were arrested and interrogated by the investigating agency. They also suffered disclosure statements admitting their involvement in the crime along with others. As per statement of said Krishan Lal Ex. Sarpanch as well as disclosure statements suffered by above named three accused, the cousin of accused Mahender alias Gangajal namely Chhotu Bhat was lodged in District Jail, Sirsa. On 06.01.2017 when Mahender alias Gangajal had gone to meet his cousin Chhotu Bhat, he also met one Sukhdeep son of Satn
