Sajjan Singh v. State Of Punjab And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:11.07.2019 Sajjan Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Ms. Ekta Thakur, Advocate for the petitioner.

Mr. Hittan Nehra, Addl. A.G., Punjab.

*** MANOJ BAJAJ, J.

Complainant-Sajjan Singh has filed this petition under Section 482 Cr.P.C. for issuance of directions to respondents to register a case under Sections 302 and 34 IPC as the police has not taken any cognizance upon by the complaint (Annexure P-1) given by the petitioner. It was alleged in the complaint that his daughter Manjit Kaur was married to Bhupinder Singh (deceased) on 05.10.2011 and her sister-inlaw Gurmeet Kaur along with husband Gurmukh Singh were planning to turn her out from the house. According to the complainant, his daughter was living with him for the last 4 years and the litigation initiated by her against the husband was pending. On 09.05.2016, Gurmeet Kaur and Gurmukh Singh had entered into criminal conspiracy and cut the throat of Bhupinder Singh and then took them to the Civil Hospital for formality and got him admitted there. Bhupinder Singh had died in the hospital and no postmortem was conducted. According to the complainant, it was a case of culpable homicide.

-2Notice of this petition was issued on 12.05.2017. In response to the same, State had filed reply by way of affidavit of Navreet Singh Virk, PPS, Deputy Superintendent of Police, Sri Chamkaur Sahib, District Rupnagar, Punjab on behalf of respondents No.1 to 3. According to the reply, the complaint was looked into and thorough enquiry was conducted by Station House Officer, Morinda, wherein petitioner, his daughter, Gurmeet Kaur, Gurmukh Singh and Dr. Saurabh Sethi, who attended the deceased before his death and several other persons acquainted with the facts and circumstances were associated. It was found that Bhupinder Singh had started taking intoxicants and was suffering from tuberculosis disease. He was being treated at Government Medical College, Patiala.

Since he was living alone, therefore, he was looked after by Gurmeet Kaur his sister and Gurmukh Singh (brother-in-law). As a result of prolonged ailment, he attempted suicide by cutting throat with blade. The medical record is also produced on record which mentions the injury as self inflicted. It is not disputed that the petitioner and his daughter were also associated in the enquiry.

According to the respondents, petitioner and his daughter were nursing a grouse against Gurmeet Kaur and Gurmukh Singh as they wanted to take share in the land and other property of the deceased. According to the enquiry, no evidence of any foul play was found regarding death of Bhupinder Singh.

After hearing of learned counsel for the parties and examining the case file, this Court is of the opinion that the complaint given by the petitioner was examined and nothing was found worth cognizance as alleged by the complainant.

-3Therefore, this Court does not find any reason to issue directions for registration of case.

Resultantly, petition stands dismissed.

11.07.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No