Abdul Wahid vs State of Rajasthan

Guman Mal Lodha, J.—This is a criminal miscellaneous petition No. 410 of 1986. A letter was received by this Court from one Abdul Waheed son of Ramzan Khan Assistant Agriculture Officer, Baran requesting that the investigation of FIR No. 133 of 1986 registered at police station Baran District Kota be directed to be conducted by the Central Bureau of Investigation.

The appellant''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 the Police jeep to Hospital and either the SHO himself or his son has shot him dead. A complaint was filed in the Police station on 10-4-1986 and an FIR No. 133 of 1986 was registered for offence u/s 304A of the IPC. The police has ultimately come to the conclusion that the Investigation 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 CID on a complaint by the applicant Abdul Waheed and the police department after investigation by Intelligence Branch have filed a final report in the court of Chief Judicial Magisrate, Baran, mentioning that it is a case of accidental death by revolver.

When this letter reached this court it was registered as criminal case and this court appointed Shri Mahesh Gupta Advocate as amicus curiae 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 CID investigation is that the deceased Maru aged 18-19 years went to the house of the accused Dhirendra father Nand Ram who is SHO 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 trigger but when it did not work, then the deceased Maru continued to try with it and in that process the trigger was pressed when Dhirendra was out side. Dhirendra came running on hearing the noise 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 down. The accused came in the police station and told people about this and he rushed to the spot and took to the deceased to the Hospital.

Dhirendra is boy of 13 years. The Investigating agency came to the conclusion that the conduct of Dhirendra in maintaining his composer and patience and informing people and not losing 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 into 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.

7, 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. Dhinendra pressed the trigger of the revolver. This finds place in the statement of Ikbal son of Yameen 31 years, father of Kalu.

The case has attained serious dimensions because the accused is son of Nand Ram SHO Baran in whose residential house this occurrence took place in the premises of police station. The father of deceased insists 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 on circumstances and from that inference has been drawn that it was an accidental death in which the deceased himself pressed the trigger of revolver.

Having beard Mr. Purohit learned Public Prosecutor and after going through the record, I am of the opinion that it would be expedient in the interest of justice and to ensure confidence in the litigants as well as people as a whole that the State Government take initiative for requesting the Central Bureau of Investigation to investigate this case.

Of course I would not like to issue a writ or direction compelling the State Government to do so because of the fact that the record available before this court is scanty and the State Government is required to consider various circumstances and facts on this aspect.

It is well known principle of law and justice that justice should not only be done but it must appear to have been done. When a death has taken place in mysterious circumstances in. the room of a police officer in the police station and a revolver of the police officer is used and it is suggested that it contains the linger prints of the accused Dhirendra then it is in the interest of all concerned including the SHO himself, the accused the police administration and the State administration that clouds of an attempt to suppress the facts and to conceal and protect the accused, as alleged are covered, by a proper investigation of some agency is not in any way he influenced and cannot be said to be biased and partial in favour of the police. These are the circumstances which should out weigh any other consideration and it is expected that the State Government would make a reference for investigation of this case to the Central Bureau of Investigation.

Since the final report has been given by the intelligence Branch of State Police, the C.J.M. is directed not to accept it and await for decision of the State Government, in respect of the reference to the Central Bureau of Investigation. It is further desired that the complainant the father of the deceased should be intimated by the C.J.M. Baran of the final report given by the Intelligence Department of the Police of Rajasthan and he should be allowed to assist the investigation by the Central Bureau of investigation Delhi, as and when reference is made by the State Government. It is expected that the above observations and the views expressed by this court would be respected in the interests of all concerned. The application is decided accordingly.