Himachal Pradesh High Court
Decided On : 9.9.2024 vs State Of H.P. & Ors on 9 September, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
2024:HHC:8311
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Decided on : 9.9.2024
Suman .....Petitioner
.
Versus
State of H.P. & ors. ....Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1Yes
For the Petitioner: Ms. Kanta Thakur, Advocate, as
legal aid counsel.
For the Respondents:
r Mr. Anup Rattan, A.G. with
Mr. Navlesh Verma, Ms. Sharmila
Patial, Addl. A.Gs. and Mr. Raj
Negi, Dy.A.G.
____________________________________________________________________
Justice Tarlok Singh Chauhan (oral)
A letter received from the petitioner was directed to
be registered as criminal writ petition by the Hon'ble Chief
Justice of this Court. Letter is in Hindi language and its
English translation reads as under:-
"It is most humbly prayed that I, the
applicant/complainant, Suman, W/o late Shri Ganga
Ram, Daughter-in-law of late Shri Chotttu Ram, aged 29
years, is a permanent resident village Janid, P.O
Dhargaura, Tehsil Rampur Bushahr, District Shimla, H.P.
1 Whether reporters of the local papers may be allowed to see the judgment? Yes.
2 2024:HHC:8311
I am a housewife. The facts in the aforesaid
application/complaint are as under:
1. That through this application/complaint, I am reporting
.
the murder of my late husband Shri Ganga Ram. My
husband was working under a contractor and was
employed for meter reading in the electricity department
since June, 2022. He was engaged through a contractor.
My husband was punctual and always left home on time
for work. My husband was associated with Satsang
Satlok Ashram and his behaviour was very good in the
society.
2. That on 12-3-2023, my husband left for work after having
breakfast at home. He always used to have meals at
home and never ate outside. The same evening, I received
the devastating news of my husband's death. At first, I
couldn't believe it was true. Later on, when my family
members were called to the place of occurrence, my
brother-in-law, brother of father-in-law ('chacha sasur')
accompanied by villagers went to Dobi village, which has
also been reflected in the police diary and investigation
report, then only I was convinced that my husband's
death was not accidental but as a result of murder
conspiracy because my husband had told me that he had
recently been involved in a scuffle with some boys and
other people of village Koti and Dhargaura. The conflict
arose due to the reason that the upper caste people did
not allow him to read the meters inside their homes, as
the electricity meters are installed inside the houses. A
woman resident of Dhargaura namely, Sheela Devi, W/o
late Sh. Sain Ram, who works in the electricity
department was associated with Satsang named as
3 2024:HHC:8311
Satsang Ashram. My husband Ganga Ram, was on
visiting terms with her. Since, my late husband Shri
Ganga Ram, belonged to a lower caste, the allegation
pertains to untouchability. People from the upper caste
.
still discriminate against those who belong to the
Scheduled Castes and people belonging to the scheduled
castes are not even allowed to touch the electric meters
installed inside their houses, nor can people from the
Scheduled Caste sit in the houses of the upper caste
people. The woman, who is associated with Satlok
Ashram, belongs to the upper caste. My husband is on
visiting terms with her, and sometimes she has
occasionally hired him to prune the apple trees in her
orchard.
3. That this woman had once organized a 'satsang' at her
home, and my husband had also attended that. Since the
woman was a 'satsangi', she used to visit our houses
with us as well. But the people of the village and her
nephew Anjal Patial, son of Shri Diwan Patial probably
did not like it. As he along with some of his friends had
brawl with my husband earlier also. Some of his friends
belong to Koti village their name is Shetty (carriage driver)
and Bobby s/o Shri Devi Singh. They all are drug addicts.
We suspect them because they met my husband on the
12/03/2023 as well. They are the ones who killed my
husband. There may be other drug addicts involved in
this conspiracy because the doctor who conducted the
postmortem asserts that the death occurred 2:30 hours
after eating breakfast. On that day i.e. on 12/03/2023,
(according to brother of my father-in-law 'chacha sasur'
Inder Das and brother-in-law Mr. Pinku), only one or two
bills were issued in Dhar village and after that he was
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seen going towards Koti village via Dobi as per CCTV
footage. Soon after that those people met him on his way
and approximately between 11 and 12 o'clock my
husband was murdered and after the murder, the body
.
was concealed somewhere in the car and in the evening
the murderers fled away after throwing it in the pit of the
safety tank. Brother of my father-in-law ('chacha sasur')
Inder Das and brother-in-law, Shri Pinku had disclosed
the police officers about this during the course of
investigation, however the local police neither mentioned
about them in the written statement nor took them under
suspicion, nor was they interrogated nor was they named
as convicts. Rather they were completely sheltered, the
investigation was not carried out up to the mark, and my
husband did not die a natural death but was murdered.
Because the statements recorded by the investigating
officers were neither written nor read over as per our
versions. Facts have been concealed thereof.
4. That my husband can be seen heading towards village
Koti in the CCTV footage of camera installed at village
Dobi on 12-3-2023 but it was not recorded in the
statement. Local police has intentionally tampered with
the statement and they have not recorded the statement
as per my version. Whenever, we used to go to the police
station, mere assurances were given to us and upon
asking for documents they were averting us in providing
the documents. Local police has influenced the
investigation after wasting a year and handed over the
Final Report to the Sub Divisional Magistrate without any
findings. Whereupon, I sought help of a familiar person
who in turn requisitioned all the documents under the
5 2024:HHC:8311
Right to Information Act, promptly. The documents that
were asked for were also provided incompletely.
5. That I have also approached the Electricity Department
regarding my husband's death, but they have not
.
provided with any compensation etc. to me and my son,
as yet. I belong to a poor family. I have no other
source/means of income.
I pray to Hon'ble the Chief Justice, High Court of
Himachal Pradesh, with folded hands that investigation of
my husband's murder may kindly be ordered to be
handed over to some other independent investigating
agency and the murderers should be punished. As well,
fair compensation may kindly be ordered to be granted to
me. My request may kindly be accepted and provide me
with justice. I shall always be grateful to you.
Thanking you."
2 A perusal of the letter would go to show that the
petitioner has stated that her husband Ganga Ram died on
12.03.2023 and she apprehended that he was in fact murdered
because he belonged to lower caste and was being discriminated
on the basis of caste. She levelled allegations that her deceased
husband (Electricity Meter Reader) had disclosed to her that
some persons of villages Koti and Dhargora had an altercation
with him regarding meter reading of electricity bills as persons
belonging to the upper caste had installed their electricity
meters inside their houses and did not allow the persons of
scheduled caste to touch their meters. The petitioner further
6 2024:HHC:8311
alleged that one lady namely Sheela Devi belonging to upper
caste was affiliated to one "Satlok Ashram" and her deceased
husband used to visit her house and help her in pruning the
.
apple trees of her orchard. Sheela Devi had organized a religious
gathering (satsang) in her house and her deceased husband had
also attended the same. Sheela used to visit their house,
however, her nephew Anjal Patiyal and some villagers
disapproved the same. She alleged that Anjal Patiyal and his
friends namely Shetty and Bobby had an altercation with her
deceased husband in the past and she had suspicion that on
12.03.2023, the aforesaid persons had murdered him. She
further alleged that investigation in the matter has not been
properly conducted and prayed that same be transferred to
some independent agency.
3 On being put to notice, the respondents have filed
their reply, wherein it has been stated that on 12.03.2023, a
telephonic information was received in Police Station Jhakri,
District Shimla, that one person had fallen in a pit, on which
the police reached the spot, where a dead body was found in a
septic tank, which was under construction. The photographs of
the deceased on the spot were clicked. Thereafter, police
officials conducted enquiry and SFSL Team was called on the
7 2024:HHC:8311
spot and the physical evidence was taken into possession.
Further, the dead body was identified that of Ganga Ram,
husband of the petitioner, by his brother and thereafter was
.
sent to IGMC, Shimla for post mortem.
4 On 14.03.2023, a Special Investigation Team (SIT)
was constituted to ascertain the cause of death of the deceased.
Thereafter, the said SIT conducted the investigation w.e.f.
16.03.2023 to 30.03.2023 at the spot and other adjacent areas.
During the investigation, call details record of the deceased was
procured, CCTV footages were analyzed and statements of the
witnesses and local residents were recorded.
5 During further course of the investigation, the
Medical Officer gave his opinion that "the deceased had died
due to blunt trauma sustained to head region leading to
traumatic brain injury. The blood ethyle alcohol concentration of
the deceased at the time of death was 53.10 mg percentage as
per chemical examination report from SFSL."
6 On the basis of post mortem report, SFSL report and
statements of the witnesses, it was concluded by the SIT that
the cause of death of the deceased was due to injuries sustained
on head and mouth by fall and no cognizable offence was made
out. Accordingly, the inquest report was prepared and
8 2024:HHC:8311
submitted before the Sub Divisional Police Officer (SDPO),
Rampur, which was still pending.
7 On 13.5.2024, learned Coordinate Bench of this
.
Court passed the following order:-
"Ms. Kanta Thakur, Advocate is appointed as Legal-
Aid Counsel for petitioner-Suman for conducting case on
her behalf.
Secretary, H.P. High Court Legal Services Committee
as well as Registry of this Court is directed to take
necessary action for her appointment and to supply her
complete copy of the paper book.
Mr. Manoj Chauhan, learned Additional Advocate
General for the respondents-State has placed on record
communication dated 9.5.2024, received from the
Superintendent of Police along with status report produced
by SHO, Police Station Jhakri, District Shimla, H.P.
Learned Additional Advocate General submits that
complete copy of the petition was not sent to the
respondents from the office of Advocate General due to
ministerial mistake and therefore, he seeks further four
weeks' time to file response to the contents of the petition
along with further inquiry, if any, conducted by the
concerned Police Officers.
Accepting his prayer, time, as prayed, is granted.
List for consideration on 24.6.2024."
8 In compliance to the aforesaid order, the
Superintendent of Police, Shimla, vide letter dated 15.05.2024
directed the SDPO, Rampur to conduct a thorough enquiry with
9 2024:HHC:8311
regard to the allegation levelled by the petitioner and to take
action as per law. In response to the same, the SDPO, Rampur
vide letter dated 21.06.2024 submitted enquiry report qua the
.
causative factors of the death of the husband of petitioner. On
analyzing the same, Superintendent of Police, vide letter dated
22.06.2024, again issued directions to investigate the matter in
all probabilities so as to find out the truth regarding the
incident.
9 In furtherance to directions, the SDPO vide letter
dated 30.07.2024, submitted a fresh and detailed enquiry
report and as per the report, vide office order dated 17.06.2024,
a SIT was constituted under the supervision of SDPO Rampur.
As per the report of the SDPO, Rampur, during the course of
enquiry, the petitioner, persons acquainted with the facts of the
case and alleged suspects were associated. The alleged
suspects, Anjal Patiyal, Bhupinder Singh @ Bobby were
associated and their presence at the time of incident was
verified on the basis of their mobile locations and statements of
witnesses. Further, the ID's of the mobiles of suspects were also
procured. The layout of the spot, location of the house of the
deceased, those of both the suspects and the position of the
road and the movements of the suspects were also gathered.
10 2024:HHC:8311
The dump data of the spot was also procured and analysis was
done. On the basis of analysis of dump data, 47 persons were
associated in person, whose statements were recorded and 192
.
persons were interrogated. The SIT conducted a thorough and
exquisite probe into the matter with regard to the causative
factors of the death of the deceased.
10 During the course of inquiry, alleged suspect, Anjal
Patiyal was associated and his presence on the day of the
incident was located on the basis of his mobile number, dump
data and statements of other witnesses. As per record, on the
day of the incident, Anil Chauhan had called Anjal Patiyal on
his Mobile number asking him to drive and take his vehicle
Bolero Pickup to Rampur for transporting the local deity "Shree
Dutt Maharaj" from Fag Mela Rampur to Village Pasada.
Thereafter, Anil Chauhan went to the house of Anjal Patiyal
situated at village Dhar at about 9:30 AM and took him in his
vehicle Maruti Car to his house situated at Kartot. Later on, he
handed over his vehicle Bolero Pickup alongwith keys to Anjal
Patiyal. Thereafter at about 10.30 A.M., Anjal Patiyal left for his
house in the said vehicle situated at Village Dhar to have his
breakfast. After a halt at home, he fed fodder to goats/sheeps
and also talked on mobile phone with several people. At about
11 2024:HHC:8311
12:15 P.M. he left from his house at village Dhar and came to
Rampur all alone. He reached Rampur at about 1.00 P.M. and
remained at Rampur area till 5:30 P.M. and left with the deity in
.
the said vehicle towards Village Pasada. He reached at Village
Pasada at about 7.00 P.M. and halted there for night. The
movement of the Anjal Patiyal was based on the digital evidence
in addition to oral evidence as sustained in the call detail record
of his Mobile. Even though the aforesaid SIM was in the name
of one Bhupinder Singh, but the same was being used by Anjal
Patiyal for the last 5 years. Apart from above, the bearers of the
mobile numbers, with whom the Anjal Patiyal had interacted
(in/out calls) on the day of the incident, while he was at home
and on the way to Rampur, were also associated and their
statements were recorded accordingly.
11 As regards other suspect Bhupinder Singh @ Bobby,
it was found that on the day of the incident he was present at
his house situated at Village Koti, which is just adjacent to the
spot from 8:42 A.M. till 1:58 P.M and during this period, he
made phone calls from his Mobile to few numbers. Thereafter he
left in his Bolero Camper to Rampur all alone for transporting
the persons engaged in playing drums and other instruments
with the deity "Shree Dutt Maharaj" from Rampur Fag Mela to
12 2024:HHC:8311
Pasada Village. He reached Rampur at about 2:58 P.M. He
remained at Rampur till 5.30 P.M. and thereafter left to Village
Pasada in his aforesaid Vehicle alongwith other people who were
.
with the deity. He reached at village Pasada at about 7.00 P.M.
and after dropping few persons, he further went to Shandhar
through the spot. His movement was corroborated by the call
detail record of his mobile.
12 Here again, the bearers of the mobile numbers with
whom Bhupinder Singh @Bobby had interacted (in/out calls) on
the day of the incident while he was at home and on the way to
Rampur were also associated and their statements were
recorded accordingly. It came in the investigation that on the
same day, he returned back from Rampur to Pasada in the
same vehicle alongwith deity. The statements of relevant
witnesses were also recorded. The call detail record and the
statements on record corroborate with his movement and
nothing incriminating was found.
13 As regards third alleged suspect, Shetty, driver, his
whereabouts were also confirmed in and around village Dhar
Gaura but no such named person could be traced out in the
area and certificate to this effect as issued by Vice Pradhan
Gram Panchyat Dhar Gaura has also been annexed with reply.
13 2024:HHC:8311
14 It is further averred that the social media accounts
i.e. Facebook, Instagram and Whatsapp of the alleged suspects
were also analyzed, but nothing incriminating against them
.
came on record. The mobile phone of the deceased was also
recovered from his pocket on the day of the incident which was
a basic phone having no relative features of multimedia
applications. The scope of the usage of the social media
accounts by the deceased was ruled out as the petitioner in her
statement had affirmed this fact.
15 During the enquiry, aforesaid Sheela was also
associated and according to her version, she denied all the
allegations levelled by the petitioner regarding discrimination,
previous enmity and untoward incident with the deceased.
Further during the inquiry, the petitioner was also associated
and the CCTV Footage of UCO Bank situated at Village Dobi
was shown to her in detail whereupon she admitted that her
deceased husband was not visible in the CCTV footage. Her
statement was recorded wherein she stated that she had
levelled allegations against Shetty, Anjal Patiyal and Bhupinder
@ Bobby merely on the basis of suspicion.
16 On the basis of inquiry report, submitted by the
SDPO Rampur, it was concluded that all the allegations levelled
14 2024:HHC:8311
by the petitioner had been verified in length and breadth but no
reasonable fact had been found so far which could indicate
commission of any offence against the deceased.
.
17 The petitioner has filed the rejoinder wherein it has
been contended that the deceased was very religious person and
had been attending satsang on regular basis. The deceased
never used to drink and on the fateful day also he had taken
proper meal at his home and after that he had left for duty. So,
report submitted by the SFSL regarding concentration of
ethyle alcohol to be 53.10 mg having been found in the blood of
the deceased could not be believed to be true, hence report was
wrong.
18 We have heard the learned counsel for the parties
and have also gone through the material available on record.
19 At the outset, it needs to be observed that an
investigation is aimed at bringing out the truth, by taking into
consideration all relevant material which is desirable for the
purpose of an investigation and this would precisely constitute
a fair investigation. As a necessary corollary, an investigation
which brushes aside material central to the cause of
ascertainment of truth, and misses wood for the trees, would be
hard to categorize as a fair investigation, but in case the
15 2024:HHC:8311
investigation taking into consideration all the material central
to the cause of ascertainment of truth, obviously then it would
be a fair investigation.
.
20 It needs to be noticed that there are no allegations
of the investigation being not fair, biased or improper. As a
matter of fact, investigating agency has conducted a thorough
probe on all material aspects, more especially, regarding those
persons against whom the petitioner had pointed suspicious
fingers.
21 The extraordinary power of the Constitutional Court
under article 226 of the Constitution of India qua issuance of
directions to a different authority or to the CBI to conduct
investigation has to be exercised with great caution. Although
no inflexible guidelines can be laid down in this regard, yet such
an order cannot be passed as a matter of routine or merely
because the party has levelled some allegations against the local
police and can be invoked in exceptional situations where it
becomes necessary to provide credibility and instill confidence
in the investigation or where such an order may be necessary
for doing complete justice and for enforcing the fundamental
rights. The contextual facts and the attendant circumstances
have to be singularly evaluated and analyzed to decide the
16 2024:HHC:8311
needfulness of further investigation or re-investigation to
unravel the truth and mete out justice to the parties. The prime
concern and the endeavour of the court of law should be to
.
secure justice on the basis of true facts which has to be
unearthed through a committed, resolved and a competent
investigating agency.
22 The Court may exercise its constitutional powers for
transferring an investigation from the State investigating agency
to any other independent investigating agency like CBI only in
rare and exceptional cases, such as where high officials of State
authorities are involved, or the accusation itself is against the
top officials of the investigating agency thereby allowing them to
influence the investigation, and further that it is so necessary to
do justice and to instill confidence in the investigation or where
the investigation is prima facie found to be tainted/biased.
(Refer: State of West Bengal vs. Committee for Protection of
Democratic Rights, Wes Bengal (2010) 3 SCC 571; K.V.
Rajendran vs. Superintendent of Police vs. CBCID, South
Zone, Chennai and others (2013) 12 SCC 480; Mithilesh
Kumar Singh vs. State of Rajasthan (2015) 9 SCC 795,
Royden Harold Buthello vs. State of Chattishgarh, AIR
2023 SC 1231; Anant Thanur Karmuse vs. State of
17 2024:HHC:8311
Maharashtra (2023) 5 SCC 802; Himanshu Kumar vs. State
of Chhattishgarh, (2023) 12 SCC 592; and Vishal Tiwari
vs. Union of India AIR 2024 SC 414)
.
23 Bearing in mind the aforesaid position of law, we do
not find any ground having been made out for transfer of the
investigation as we are fully satisfied that the investigation has
been fair, impartial and uninfluenced. Consequently, the
instant petition sans merit and is accordingly dismissed.
r to (Tarlok Singh Chauhan)
Judge
(Sushil Kukreja)
9.9.2024 Judge
(pankaj)
