Joginder Singh vs State of Punjab

T.H.B. Chalapathi, J.

This application is filed to direct the respondents to register a case under Section 302 I.P.C. for the alleged murder of one Major Singh and to direct the investigation of the same.

There is no dispute of the fact that Major Singh died on 27.5.1998. According to the petitioner Major Singh was murdered and postmortem was conducted on his dead body on 28.5.1998. Further according to the petitioner, though a complaint has been given, the police are not taking any action. The wife of the deceased made an application to the Senior Superintendent of Police, Batala on 8.8.1998 on which the inquiry was conducted by the Deputy Superintendent of Police, Sub Division Qadian, Police District Batala. According to the report submitted by the Deputy Superintendent of Police, the deceased sustained injuries in a road accident and he died while being taken to the hospital. He also filed the inquiry/investigating report and also the report of the postmortem. The Doctor who conducted the postmortem opined that the death of the deceased due to road accident cannot be ruled out. The inquiry report clearly shows that the deceased died because of road accident and not because of any foul play.

An inquest was held under Section 174 Cr.P.C. on the spot of accident. It clearly shows there were skid marks of the tyres of the scooter on the road side and there was also a scratch of the scooter kick on the road. The photographs of the entire site have also been taken. The very fact that there was skid marks clearly establishes that the cause of death of the deceased was only due to a motor vehicle accident. There is not dispute of the fact that the deceased was going on a scooter. Nothing has been placed on record before me to show that any other person has got any motive to commit the murder of Major Singh.

It is also clear from the investigation report submitted by Deputy Superintendent of Police that on the night on 27/28.5.1998 the deceased Major Singh was taking liquor alongwith one Salwinder Singh and at about 9 or 10 P.M. Major Singh left the house of Salwinder Singh on his scooter and his dead body was seen at 5 a.m. on the road side by a member of Panchayat namely Sardara Singh of village Cheema Khudi and immediately on the receipt of the information, the police went to the spot and they also found the skid marks on the road and the scooter was lying at the place of the accident and the opinion of the Doctor also shows that the possibility of death due to road accident cannot be ruled out.

In the circumstances I am of the opinion that it is a case road accident and Major Singh was not done away by some one. On the basis of the material placed before me, I am unable to give any direction to the respondents sought for in this petition. However, if the petitioner still feels that Major Singh was murdered, it is always open to him to file a private complaint in competent Court.

With the above observations, the petition is dismissed.