Pritam Singh vs State of Punjab

T.H.B. Chalapathi, J.

Petitioner''s daughterinlaw committed suicide on 31.3.1998 by consuming some poisonous substance. On a complaint given by the brother of the deceased, a case in FIR 20 dated 2.4.1998 has been registered for the offence under Section 304B IPC against the petitioner''s son. According to the petitioner, his son Paramjit Singh was taken into custody in FIR 20 dated 2.4.1998 on that day itself. He was not produced before the Magistrate within 24 hours as required under Section 57, Code of Criminal Procedure and also under Article 22 of the Constitution of India. It is further the case of the petitioner that he was informed on 7.4.1998 that the son of the petitioner has consumed some poisonous substance and was admitted in the hospital. The said Paramjit Singh died in the hospital on 8.4.1998 while undergoing treatment. Petitioner made representations to the authorities for registration of the case alleging that his son died while in police custody. Therefore, it is a case of custodial death.

In reply, the respondents stated that Paramjit Singh son of the petitioner was taken into custody only on 7.4.1998 and he came to the police station after consuming some poison and he was in fact produced by the brother of the deceased and Paramjit Singh himself told the police that he consumed poison before coming to police station and thereupon the police admitted him in the hospital for treatment and he died on 8.4.1998 while undergoing treatment in the hospital. Therefore, it is not a case of custodial death. It is further averred that statement of deceased was recorded by Judicial Magistrate under section 164 Code of Criminal Procedure on 7.4.1998 at about 11.15 p.m.

Thus the controversy is in regard to the date of arrest and whether the deceased died while in custody. If the deceased Paramjit Singh was taken into custody on 2.4.1998 and he died on 8.4.1998, while in police custody, it amounts to custodial death and there is also violation on the part of the police official to produce the deceased before the Magistrate within 24 hours from the time of his arrest as provided under the procedural law i.e. Section 57 Code of Criminal Procedure. It also amounts to violation of fundamental rights of Paramjit Singh as envisaged in Article 22 of the Constitution of India. If Paramjit Singh had consumed some poisonous substance and revealed to the police that he consumed poison before coming to the Police Station, then no fault can be found with the police. Thus the disputed question of fact arises for determination cannot be decided by this Court under Section 482 Code of Criminal Procedure. In these circumstances, I am of the opinion that it is in the interest of justice and it is just, proper and expedient to order an enquiry by the Chief Judicial Magistrate, Ludhiana. The Chief Judicial Magistrate shall enquire as to when Paramjit Singh was taken into custody by the police and the circumstances which led to his death by consuming some poisonous substance. He shall also summon the statements said to have been recorded by the Magistrate under section 164 Code of Criminal Procedure. If the C.J.M. finds that the death of Paramjit Singh is a custodial death, then he shall take cognizance of the case under section 190 Code of Criminal Procedure and then proceed in accordance with the provisions as contained in the Code of Criminal Procedure. If he finds that the death of Paramjit Singh does not amount to custodial death, he may close the matter. He shall complete the enquiry as ordered above within six months positively from the date of receipt of copy of this order. Both the petitioner as well as the respondents herein are at liberty to place such material and evidence before the Chief Judicial Magistrate as they think fit.

Registry is directed to send copy of this order to Chief Judicial Magistrate, Ludhiana alongwith copies of petition, reply and annexures etc.

Parties are directed to appear before the Chief Judicial Magistrate, Ludhiana on 20.12.1999.

Crl. Misc. is accordingly disposed of.