Sudesh Kumar And Another vs UT Of J&K And Others

Rajnesh Oswal, J

The present petition has been filed by the petitioners for directing the respondents to submit the record of investigation if any conducted by police of Police Station, Kud regarding the murder of Koushalya Devi W/o Shankar Lal R/o Karlah.

It is submitted that the mother of the petitioner No. 1 and wife of petitioner No. 2 i.e. Late Koushalya Devi had gone to the adjoining forest of grazing of her cattles on 20.03.2018 but did not return back. The petitioners went in search of her and found her hanging with a tree. In the photograph, the darat was also found hanging with a branch of tree. The petitioners informed the police and filed an application before the SDPO narrating the incident. Police came on spot and took the body of the deceased in their custody and post-mortem of the deceased was conducted. Thereafter, the police did not conduct any investigation for the reason best known to the police. On the basis of these facts, the present petition has been filed by the petitioners.

Status report stands filed by the respondents in which it is stated that death of the deceased occurred in suspicious circumstances, as such, in order to ascertain the cause of death, inquest proceedings under section 174 Cr.PC were initiated in this regard and inquiry was taken up by the police. Post-mortem of the deceased was got conducted through Medical Officer, CHC, Chenani and after the post-mortem, the dead body of the deceased was handed over to the legal representatives of the deceased. On suspicion, polygraphic tests of Krishan Singh S/o Lal Chand, Mulkh Raj and Onkar Singh both sons of Jia Lal R/o Glai Karlah Tehsil Chenani District Udhampur were conducted through FSL Srinagar and reports were obtained from FSL Srinagar. The report of the deceased was obtained from FSL Jammu and post-mortem report was also obtained from Medical Officer concerned. As per opinion of the Medical Officer, the death of deceased lady was caused due to hanging.

Mr. V. R. Wazir, learned senior counsel for the petitioners submits that the respondents were under legal obligation to register FIR in above mentioned case but they have miserably failed to perform their statutory duty.

Per contra, Mr. Raman Sharma, AAG vehemently argued that inquest proceedings were conducted after the death of Koushalya Devi occurred in suspicious circumstances. He further laid stress on the post-mortem report that the death of the deceased lady was caused due to hanging. He further submits that if the petitioners are not satisfied with the proceedings conducted by the police, they are well within their right to approach the competent court of law.

Heard and perused the record.

From the record particularly post mortem report that has been placed on record by the petitioners, it reveals that the deceased had died as a result asphyxia due to hanging.

At this stage, there is nothing on record to demonstrate that the respondents have not proceeded in accordance with law. Be that as it may, if the petitioners are still having any grievance against the inquest proceedings conducted by the respondents, they are well within their right to approach the competent court of law under Code of Criminal Procedure. Needless to say that in the event, the petitioners approach the concerned Magistrate, the delay shall not come into passing of appropriate orders in view of the pendency of present petition before this Court from 2020 till date.

Disposed of.