Tota Ram vs State of Haryana and others

Ranjit Singh, J.—The petitioner has approached this Court for transfer of the investigation to CBI in this case. This is the case, where

murder has taken place and the apprehension of the petitioner is that SHO concerned is doing the investigation in a manner to help the accused

persons. The attention of the counsel for the petitioner has been invited to the reply filed, which is as under:

2.That the contents of Para No.2 of the petition are admitted being matter of record. The detail of injuries of Deva @ Devi Chand are mentioned

in the Post Mortem Report dated 19.5.2011 and photocopy of Post Mortem Report has already been placed on record as Annexure P-2.

That in reply to the contents of Para No.3 of the petition, it is submitted that during the investigation of this case on 25.5.2011, accused Sunder

and Suraj Pal@ Khili were joined in investigation. During the investigation both the accused suffered their disclosure statements and got recovered

motorcycle used for committing crimes.

The said accused further disclosed involvement of co-accused Rahul @ Sallu, Ravi @ Ravinder are involved in this matter. On 26.5.2011 accused

Rahul @ Sallu was joined in investigation. On the basis of his disclosure statement Rahul got recovered motorcycle which was used for committing

murder of Deva @ Devi Chand.

On 29.5.2011, accused Sunder, Suraj Pal @ Khilli, Rahul @ Sallu further suffered disclose statements. On the basis of their disclosure statements

accused Sunder, Rahul @ Sallu got recovered motorcycles used in crime.

On 30.5.2011, co-accused Ravi @ Ravinder was arrested and during the investigation he suffered disclosure statement admitting involvement with

other accused named above and got recovered revolver (32 bore) from his house. They also demarcated the place of occurrence of murder of

Deva @ Devi Chand. During the investigation blood stained earth and empty cartridges were taken from spot vide recovery memo in the presence

of Pawan Kumar S/o Sh. Tota Ram on 18.5.2011. Statement U/s 161 Cr.P.C of Pawan S/o Sh. Tota Ram was recorded in investigation by SHO

Inspector Mahender Singh in this matter. Thus, the allegations made in the petition that the statement of Pawan was not recorded are totally false.

Counsel for the petitionr says that still this all has been done to save the actual culprit named by the petitioner. As per the petitioner, he has

named Shiv Kumar in his complaint and the FIR, but no action is being taken to investigate his role properly. In this regard, the petitioner has

already made representation, copy of which has been annexed with the petition. It is a case of murder. The Police after investigation have acted in

the matter and have effected certain recoveries etc. Otherwise also investigation is being done as can be seen from the reply.

To dispel the apprehension expressed by the petitioner, the Commissioner, Faridabad, can be directed to look into this case and if he finds that

SHO is acting in this manner to save any named accused for which a fair investigation would be a casualty, then either transfer the case to some

senior officer or may detail senior officer to supervise the investigation so as to remove the apprehension appearing in the mind of the petitioner.

With the above observation, the present petition is disposed of.