Swinder Kaur vs State of Punjab

K.K. Srivastava, J.

Heard learned counsel for the petitioner and learned DAG for the State of Punjab.

The petitioner prays for registration of the FIR and investigation into an occurrence which is said to have taken place on 12.11.1997 at around 10.00 p.m. in which his son, namely, Harjinder Singh was shot at and he subsequently died at the Hospital having succumbed to the gun shot injuries. There was a version of the occurrence coming from the other side i.e. Swaran Singh that FIR was lodged under Section 307 of the Indian Penal Code, vide copy Annexure P4, wherein the following averments, inter alia, were made :

"Today around 12.10 (O''clock) I received a threatening letter lying near the gate of my house, on which my name Swaran Singh Ratanpal was written and I had been threatened that they required Rs. 30,000/ as we were short of ammunition and we had to go to Pakistan, so I will have to pay them Rs. 30,000/ we can also kill you, remember this. Do you love your dear son more than money. In case you love his life then on the night of Wednesday at 10 p.m. put the money in a bag and keep it on the gate of your house. In case you talked about this to anyone, then there will be serious consequences. We will come in the night of Wednesday at 10 p.m. Place the money in a bag in front of the gate, if it is not done, then the result will be very bad. I talked about this letter to my father Gurbaksh Singh son of Hari Singh and Darshan Singh S/o Narain Singh Kamboj, r/o Alupur, they also came to our house, we put Rs. 30,000/ in a bag and hung the same on the outside iron gate and I sat down, hiding behind the gate and armed with my double barrel gun. Around 10 p.m., a person came towards the gate and after glancing towards the gate, he went towards the fields, then after 1520 minutes he again came towards the gate and after taking off the money bag from the gate, he started moving. I and my father Gurbaksh Singh challenged him, who fired at me, with intention to kill me. I in my selfdefence fired from my licensed gun, which hit him on his right bicep, he sat down being injured. I and my father went near him and saw that he was Harjinder Singh son of Balwant Singh Kamboj r/o Chuharpur. In his hand (left) was the bag containing Rs. 30,000/ and his right hand was a .12 bore pistol with which he had fired at us. We arranged for vehicle and took Jinder to Sultanpur Civil Hospital, he was got admitted by my brother Karamjit Singh. I was going to Police Station for giving information, but you met me. I have produced the bag containing Rs. 30,000/ and the threatening letter and the country made .12 bore pistol. You have unloaded the pistol in my presence and have found one empty .12 bore round, which has been taken in custody through separate entry. Action be taken against Jinder Singh son of Balwant Singh.

Sd/

P.S. Sultanwind.

12.10.1997."

The contention of the petitioner is that his deceased son Harjinder Singh was allegedly having an affair with the daughter of Swaran Singh and due to the said enmity, Harjinder Singh was killed. The relevant allegation is to be found in para 7 of the petition, which runs as under :

"That it has come to the knowledge of the petitioner that in fact daughter of Swaran Singh, the main accused had illicit relations with certain young boys of the village and she was also friendly with the deceased Harjinder Singh. Swaran Singh could not curtail the movements of his daughter and instead decided to kill Harjinder Singh in order to curb the activities of the young boys, who had relations with his daughter. A plain perusal of the FIR would show that it is a cock and bull story framed up with the active connivance with the police and the story does not even inspire confidence to a common man. The letter allegedly written by Harjinder Singh also is a piece of forged document, as Harjinder Singh was a humble tailor master in a tailoring shop of a village and he had no link with antisocial elements. The text and tenor of the letter depicts as if the same had been written by a terrorist, which is an outcome of a fertile brain."

Notice was issued to the respondents and reply has been filed on behalf of respondents 1 to 3 by Shri Ravcharan Singh, Deputy Superintendent of Police, Sub Division, Sultanpur Lodhi, District Kapurthala wherein the case set up in FIR No. 148 dated 13.11.1997 under Section 307 of the Indian Penal code, Police Station Sultanpur Lodhi was reiterated and it was contended that the petitioner had concocted the story after a long time and has procured the affidavits of witnesses. Regarding the publication of the news item in `Daily Ajit'' it is mentioned in para 6 as under :

"That the publication of news in the Daily Ajit is admitted. However, it is added that the news is based on the hearsay evidence which is not admissible in evidence and moreover, this news is published after about 20 days from the occurrence. The chances of coloured version is very bright in such a long period."

It is relevant to note that in the instant case the police swung into action on the complaint of Swaran Singh and registered FIR No. 148 dated 13.11.1997 under Section 307 IPC in the case of no injury but no FIR was registered in respect of the version of the petitioner made in the complaint Annexure P5 in which the son of the petitioner Harjinder Singh was killed. It will appear from the averments made in the FIR that the firing of the shot from a double barrel gun in that incident mentioned in FIR No. 148 and Harjinder Singh having been injured, is not disputed and on the other hand, the same has been averred clearly. It is not disputed that Harjinder Singh died as a result of gun shot injuries caused in the occurrence mentioned in FIR No. 148 aforesaid. The incident in which Harjinder Singh was killed in the alleged exercise of private defence by the complainant side of FIR No. 148, was a serious occurrence disclosing the commission of a cognizable offence inasmuch as the averment made by the petitioner was the murder of the son due to the alleged affair of the daughter of Swaran Singh. On the other hand, the FIR lodged by Swaran Singh is based on a warning note which is alleged to be left at the premises of Swaran Singh and mentioned as Annexure P3 reading as under :

"Swaran Singh Ji we are giving you a little bit trouble. We need only Rs. 30,000/, because we have less ammunition. We are to go to Pakistan and for that you will have to pay Rs. 30,000/. In case you do not pay we will abduct your lovely son. Remember this thing we can kill him also. You are advised to hang the bag with money in front of your house gate on Wednesday at 10 to 10.30 p.m. You are warned not to disclose this to anybody failing which you will have to face the consequences. We shall come on Wednesday at 10 p.m. The money after putting in the bag be kept in front of the gate. If you did not keep the money there you will have to face the worst consequences. Remember this."

This written warning, copy Annexure P3, is not prima facie connected with deceased Harjinder Singh but has been allegedly brought on the scene with a view to collect the money in the bag amounting to Rs. 30,000/. Be that as it may, there were two versions put up before the police which were to be investigated by the police but the version of the incident set up by the petitioner was not given due consideration and the police took action only on the report lodged by Swaran Singh on the basis of which FIR No. 148 was registered.

After giving anxious consideration to the rival contentions and to the averments made in the petition and also taking into consideration the fact that two witnesses, namely, Balwant Singh son of Jawahar Singh, resident of village Chuharpur and Tarlochan Singh son of Shri Chanan Singh, resident of village Ranipur, Tehsil Phagwara, District Kapurthala, copies Annexure P1 and P2, I find considerable merit in the contention of the petitioner. Section 154 of the Code of Criminal Procedure specifically provides for registration of FIR in which commission of cognizable offence is disclosed. In the instant case, commission of an offence of murder punishable under Section 302 of the Indian Penal Code which is the heinous most crime in the Indian Penal Code was allegedly committed and it was shown so in the complaint Annexure P5, lodged by the petitioner, mother of deceased Harjinder Singh and as such, the police of the concerned Police Station was under a statutory duty to register FIR and follow it by a proper investigation. The petition is accordingly allowed. A direction is issued to respondent No. 3 SHO Police Station Sultanpur Lodhi, District Kapurthala to register FIR in respect of the occurrence reported in complaint Annexure P5 within two weeks from the date of communication of this order by this Court and a certified copy thereof from the petitioner and the same is to be investigated after the registration of the case. Respondent No. 2 S.S.P. Kapurthala is directed to entrust the investigation of the said FIR which is to be registered on the basis of the directions issued in this order to a Gazetted Officer of a rank of Deputy Superintendent of Police. The petitioner be associated in the investigation of the case and such witnesses may be examined as already referred to by the petitioner in connection with the investigation of the case which shall be conducted expeditiously and within three months from the registration of the case.

A copy of this order, attested by the Reader, be handed over to the learned counsel for the petitioner as also to Mr. S.S. Randhawa, learned DAG Punjab appearing for the respondents for necessary compliance.