Krishan vs State of Haryana

M.L. Singhal, J.

Krishan son of Hukmi (undertrial prisoner in District Jail, Sonepat) accused in case FIR No. 84 under Section 302/34/120B IPC of Police Station, Baroda addressed application Annexure A1 in Hindi to Hon''ble the Chief Justice of this Court, the English translation of which is also before this Court, whereby he has prayed that the aforesaid case be got investigated by the Central Bureau of Investigation (in short CBI) so that truth could be brought for the consumption of the general public and for justice to them and for bringing the real culprits to book.

It has been averred that he and his brothers Parkash and Sanjay are absolutely innocent. Real culprits are Sanjeet s/o Rameshwar, Harkesh son of Devi and Vijay Pal son of Randhir who appeared in the police Station and confessed having committed the offence in the presence of Shri Kali Ram Rana, DSP, Shri Om Parkash Sharma, SHO, PS Gohana and Shri Suraj Mal Khatri, ASI and also in the presence of so many other police officials. They produced before them the weapon of offence also. On 22/23.9.1995, DSP Shri Kali Ram Rana recorded their confessional statements. They were summoned in village Butana in the presence of 2425 persons of the village. DSP summoned the close relatives of the opposite party in his office. Aforesaid culprits were confined in the Distt. Jail, Sonepat on 1.10.1995 in the aforesaid case. They were released on bail on 18.1.1996 and 13.2.1996. It has been further averred that a sum of Rs. 2 lakhs was demanded for releasing them. They could not afford to pay this amount otherwise also they thought that why should they pay this amount when they were innocent. They are being named as accused as their relations are strained on account of the purchase of land by them. Opposite party grabbed 1213 kilas of land of Sanjeet son of Rameshwar. Grandfather of the real culprits was murdered by the opposite party and, therefore, Azad was murdered by Sanjeet etc. Applications made by the parents of Krishan etc. to Chief Minister Haryana, Shri Bhajan Lal, DIG Rohtak Range and others have borne no fruit. Similarly the appeals made by him (Krishan) to the Prime Minister/President of India have gone unheeded. It is further averred that they are being victimised although they are totally innocent and the murder was committed by Sanjeet etc. Only CBI enquiry can bring to fore the truth.

This application was treated as a Criminal Miscellaneous petition under Section 482 Cr.P.C.

This prayer has been opposed by the State of Haryana urging that this case was investigated by the police independently, on the basis of statements of eye witnesses and other evidence, challan was put in court. Case was committed to the court of Session. Charge was framed by the court on 8.2.1997. Sanjay son of Hukmi was declared a proclaimed offender. If Krishan and his brothers are innocent, they can lead evidence to that effect. If the evidence produced by the prosecution is found to be devoid of credence, they shall be acquitted by the court. Sanjeet confessed before the police that he along with Harkesh and Vijay Pal had murdered Azad Singh. He had also confessed that there was no land dispute between the family of Krihsan and the family of the complainant and Krishan had conspired with the main accused in the murder of Azad Singh.

I have heard the learned counsel for the petitioner and the learned Advocate for the State of Haryana. Case was investigated. After investigation, challan was put in the court. Case was committed to the court of Sessions by the Magistrate. Additional Sessions Judge, Sonepat who is trying the case has framed charge, against Krishan and others. It is now too late in the day to order CBI to investigate this case when this case has already been investigated; challan presented; case committed and the accused charged. Case is lying posted for prosecution evidence for 7.4.1997. At this belated stage, investigation by the CBI cannot be ordered. So, this Criminal Miscellaneous petition fails and is dismissed.