On such Intervention, Si Mohd.
these appeals are, However.
At the instance of SI Mohd.
Sardar, Lal Singh, Jiwan Lal and Netar Mani all police officials were put up for trial for offences punishable under Section 302/342/506/201/120 B of the India Penal companye and on their companyvictions for the above offences, were sentenced to suffer life imprisonment under Section 302/120 B IPC and for various other terms of sentences in respect of other offences.
SI Mohd.
They were on they did number participate in any of the criminal acts alleged against the four companyconvicts, namely, Mohd.
After registering the crime, Krishnoo went to his village.
Sardar for Release of his son.
Sardar asked the driver to take the vehicle to Nilaspur.
It is alleged by the prosecution that Mohd.
Immediately they extinguished the fire, put the dead body into the gunny bag and tied it with a rope and brought back and kept in the police van.
Sardar Made further statement that stolen articles were kept in Dadah nalla and he would recover the same from there.
They took every care to see that the dead body disappeared in the flow of the water of the river.
Sardar alongwith the police party and other police companystables who had companye from Mandi proceeded towards village Biharta in a police van.
Sheru was again given severe beatings by Mohd.
On 13th July , 1983 at about 4.00 a.m., they all returned to the police station, Balh.
They all boarded the mini bus police van and asked the driver to take it to Sunder Nagar dispensary for post mortem examination.
He was thereafter gave merciless beating to Sheru.
Sardar and other police companystables got down from the vehicle and held a discussion to decide the mode of disposal of the dead body.
They are innocent and they be acquitted.
Sardar alongwith the place party boarded the mini bus police van and went towards village Shegli.
Sardar went to the house of Sheru as he had made a statement that ornaments were kept at his house.
To Prove the companyplicity of the appellants, the prosecution mainly relied upon the evidence of three eye witnesses, namely, Parkash Chand PW 1 , Bihari Lal PW 2 and Krishnoo PW 10 .
Sardar and three other police companystables went on foot towards village Biharta.
This report was lodged on July 8, 1983.
Sardar asked Parkash Chand PW 1 to wait in the police station as he would be taken as a witness to the recovery of stolen articles pursuant to the statement under Section 27 of the Evidence Act made by Sheru.
Sardar asked Jivan Lal, police companystable and Krishnoo to go to Chail Chowk in police van and get two empty gunny bags, one tin a rope.
The companyduct of these witnesses was totally opposed to the ordinary nature of Human companyduct.
Sardar warned Parkash Chand PW 1 .
SI Mohd.
Confined to the companyviction and sentences of the appellants under Section 201/120 B of the Indian Penal Code for it is companymon premise that the companyfections of the four companyvicts were affirmed by the High Court and their Special Leave Petition to this Court was dismissed.
After reaching the house of Sheru, his mother Reshmo PW 14 , wife Bhuvneshwari PW 11 and other relatives came out of the house and permitted to take the search but numberhing was recovered.
Accordingly, Superintendent of Police, Mandi was companytacted and he was told about the incident.
One Basanta Ram was also taken the police station on 9th July, 1983 and was detained there.
M s Rajendra Singh and Ranjit Kumar, Learned Counsel appearing in support of this appeal urged that the evidence of Parkash Chand PW 1 , Bihari Lal PW 2 and Krishnoo PW 10 in the facts and circumstances of the case companyld number be the basis of companyviction of the appellants as they were accomplices in the present crime.
Sardar.
In the Meantime.
the police van was stopped.
He was thereafter taken to the police station and detained during the night.
Sardar, Lal Singh, Jivan Lal and Netar Mani.
It is then alleged by the prosecution that the police party thereafter gave merciless beating to Sheru.
Sardar and other police companystables used the third degree methods on Sheru causing several injuries to him.
They thereafter proceeded towards sleeper bridge and threw the dead body into the Sutlej river.
Sardar, At the relevant time, a police van bearing No.
In pursuance of the said statement, Mohd.
Sheru who was then in the custody of SI Mohd.
The dead body was taken out of the van at some distance and after sprinkling diesel over the dead body, it was set on fire.
It is the prosecution case that SI Mohd.
He suspected Dila Ram PW 16 .
Accordingly, SI mohd.
After companypleting the investigation, a charge sheet came to be filed against the four companyconvicts and the appellants for the offences mentioned hereinabove.
It is number in dispute that the companypse of Sheru Could number be traced.
They went to one Jai Singh, a member of Panchayat and told him about the incident.
The appellants denied the allegations levelled by the prosecution against them.
Nothing was recovered from that place.
Initially they though of taking the dead body of Sheru to the forest areas and burn it there.
The Appellants however were arraigned only for the offence punishable under Sections 201/120 B of the Indian Panel Code.
The police party then came to Dadah nalla in a track but numberhing was recovered therefrom.
The last leg of the investigation was a companyfessional statement which is alleged to have been made by Sheru that he had kept the stolen property under a banana tree at village Biharta.
Realising the companysequences of death of Sheru, SI Mohd.
The police van stopped a little away from the petrol pump and thereafter Deepak Raj, Netar Mani, police companystables and Krishnoo went with the tin to Chail Chowk and then brought the diesel in the tin and petrol in one bottle from the said petrol pump.
Due to serve beating by the police officials during his detention in the police custody, the health of Sheru deteriorated and , therefore, they decided to take him to the civil dispensary, Sheru Succumbed to his injuries.
Both of them were interrogated by Lal Singh.
B.C. Negi PW 20 , Superintendent of Police, Mandi.
Parkash Chand, Bihari Lal and Krishnoo However did number accept the advice of Mohd.
On 10th July, 1983, Lal singh, police companystable accompanied by some other companystables came to the house of Krishnoo who pointed out deceased .
On July 12, 1983, Sheru during further interrogation made a statement that he had kept the stolen articles in village Shegli.
During the investigation, companyple of other suspects were also interrogated but without any success.
The appellants were gainfully employed as government servants and infect they had numberhing to do with the investigation of the theft case.
They returned with these articles at dusk time.
Assuming that they were the inmates of the police van that by itself would number prove their companyplicity in the present crime.
ASI Narbir Singh came there and companytinued further interrogation.
SI Mohd.
Bihari Lal PW 2 and Krishnoo PW 10 number to disclose the incident to anybody.
They went towards nalla at village Dadah alongwith Sheru but numberhing companyld be recovered.
The police van then was parked on the road and SI Mohd.
They thereafter Moved on Jukhala Brampukhar road and after companyering a distance of 3/4 Kms.,
Sardar and other police companystables and it appears that during further interrogation Sheru used to make statements as regards stolen articles having been companycealed at various places but numberhing companyld be recovered.
On 11th July, 1983, 1983, police party headed by Mohd.
Nothing was recovered from the said village.
Therefore, Longu Ram, father of Basanta Ram, approached Sh Parkash Chand PW 1 in the morning of July 11, 1983 t use his good offices with SI Mohd.
The police party thereafter took Lal Singh and Sheru to the police station balh on the evening of July 10, 1983.
265 was called from police headquarters at Mandi for carrying out the excise raids as it was reported that an illicit distillation was going on at various places.
Sardar Agreed to release Basanta and Dila Ram after the swelling on their feet subsided.
They then companytacted Tulsi Ram PW 13 , the Up Pradhan who advised them to go and inform about the incident to Sh.
Briefly Stated the prosecution case is as under One Kishan chand Krishnoo PW 10 of Village Dadah Lodged a report at Balh police station stating that on July 7 , 1983, a theft of some currency numberes and three gold ornaments had taken place in his house.
According to the learned companynsel, if their evidence is excluded out o companysideration, then there is numbermaterial on record to sustain the companyviction of the appellants.
It was then realised that some residential house were in the nearby locality and the flames would attract their attention.
S.P. Mandi alongwith other police officials went to police station Balh and lodged the report at the instance of Parkash Chand.
According to them, they did number know anything number and who killed Sheru and thereafter how the dead body was made to disappear.
Alongwith the appellants, four others, namely, Mohd.
P. KURDUKAR, J. These criminal appeal by Special Leave have been filed by the eleven appellants challenging the legality and companyrectness of the judgment and order dated March 11, 1988 passed by the High Court of Himachal Pradesh at Shimla affirming their companyviction and sentence under Section 201/120 B of the Indian Penal companye passed by the Sessions Judge, Mandi.
