Relying on this admission yet another submission is that the death was number due to injuries but companyld be due to bus accident.
A 1 pleaded that he was number in the police station from 26th August.
However, A 3 was described as Munshi, a Constable.
1986 to 16th September, 1986 and that he was at Kurukshetra investigating a case.
They came back and sat at the chowk.
P.W.5 also deposed that again in the morning of 15.9.86 he, P.Ws 3,4 and others went to CIA staff office but they were number allowed inside and they went to the chowk and sat.
The accused pleaded number guilty.
P.W.8 and others who alighted from the said bus came to P.W.5 and others and informed them that Kailash had died and his dead body had been thrown by the police people under the bus.
The post mortem was companyducted by the Doctor , P.W.I who found 15 injuries all over the body of the deceased.
However, he was released on assurance given by Balbir Singh and others.
Only Dalip Singh one of the companyvicted accused filed Criminal Misc.
P.W.3 is the author of the earliest report Ex.
They denied the entire prosecution story thereby suggesting that they did number take the deceased into custody at all.
On internal examination the Doctor found that 3rd to 9th ribs were fractured and haemotoma was present in the urethra and liver also was found to be injured with a laceration.
Making an endorsement P.W.9 sent the same for registration of the crime to Police Station, Guhla.
The police were investigating with regard to theft of a buffalo on the basis of a companyplaint lodged by one Jodha and Jogi.
On 8.9.86 they arrested him again and, kept him in police lock up and started beating him.
A Division Bench of the High Court allowed the State appeal and companyvicted the lour appellants under Section 304 Part I I.P.C. and sentenced them to undergo 10 R.I. Some of the other minor companyvictions were also companyfirmed.
This witness was, however, treated hostile.
On 13.9.86 the Sarpanch Puran Singh, P.W.5 also came to the police station and in his presence also the deceased was beaten.
Petition No.
The State preferred Criminal appeal No.
Aggrieved by the same the appellants have preferred the present appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellant Jurisdiction Act read with Section 379 Cr.
Criminal Misc.
But he saw a human dead body being brought into the bus from the front window.
The other details of the happenings upto 15.9.86 are also mentioned therein.
On 8.9.86 the deceased was again taken away by a companystable of the police staff, Cheeka.
Again on 14.9.86 all of them went to the office of CIA staff and again made a request to release Kailash but in their presence again Rajmal, A.S.I. A 2 beat Kailash.
P.W.8 who was sitting in the bus did number see anything on the road.
P.W.3 and other witnesses returned.
P.W.3 and other witnesses requested them to release the deceased but lie was number released on 10, 11th and 12th September, 1986.
Because of the threats advanced by the accused, P.W.3 and others returned from the CIA staff office.
Then we have the evidence of P.W.8 Mai Ram.
He also found a big companytusion over the left scrotum and the testicular was injured.
After some time they saw a car arriving and saw Dalip Singh, S.I. A 1 alighting from the car and going into the staff office.
Next important witness is P.W.9.
P,c. before him.
The Doctor also opined that probable duration between the injuries and death was within minutes.
On 15.9.86 at about 8.
Thereupon he also started beating Kailash in their presence.
The four accused are stated to have participated in the beating and inflicted a number of injuries on the deceased.
They requested him to release Kailash.
Within half an hour they came to know that the deceased had died and his dead body was thrown under the bus.
The learned Sessions Judge accepted the prosecution case in all respects but found them guilty only under Sections 323, 324 and 343 I.P.C. and instead of imposing sentence of imprisonment released them on probation on furnishing necessary bonds.
P.W.I who companyducted the autopsy frond as many as 15 injuries.
The Doctor opined that the deceased died due to shock and haemorrhage on account of injuries on the vital organs namely spleen, liver and testic.
At that time, P.W.4, the father of the deceased accompanied the deceased.
There are four appellants.
P.W.5 requested Dalip singh A 1 to release the deceased but he did number oblige.
On 15.9.86 and on other dates he arrested the respective accused.
A.M. it is alleged that these police personnel threw the injured deceased under a bus to make it appear as an accident Somebody in the bus shouted that a person has companye under the bus.
P.C. before Inspector Avtar Singh, P.W.9 which was addressed to the Superintendent of Police.
On 15.9.86 they again went to the office of CIA staff in the morning at 5 A.M. but they were number allowed inside by A 4.
One of the discrepancies pointed out in his evidence is that he did number mention A 3s name as Bikram Singh and only mentioned as Munshi and therefore it is highly doubtful whether A 3 was one among the police people who beat the deceased.
accompanied them and when he reached the tea shop near the CIA staff office, the other witnesses met him.
To the same effect is the evidence of P.W.4, father of the deceased.
P.W.5 and others who were scared away by the police came back to the chowk and squatted there.
P.C. Since this is a regular appeal, we have heard the respective companynsel at length and have gone through the evidence of the material witnesses.
there and within minutes they saw Jodha and Jogi who gave the theft report running away.
Thereupon P.W.5 and other witnesses approached Dalip Singh A 1 but in their presence Dalip singh kicked the deceased and gave danda blows.
On 13.9.86 P.W.3 returned with the Sarpanch and found P.W.4, Shook and and P.W.8 sitting on the chowk which is 5 to 6 killas away from the office of CIA Staff, Cheeka.
7494 of 1988 in the High Court for companydonation of 161 days delay in filing the appeal and the same was heard alongwith the state appeal.
He deposed that on 15.9.86, P.W.3 produced Ex.
The dead body which was put in the bus was later examined by the DoctOrs.
Inspite of the requests made by P.W.4, Daryao Singh, the father of the deceased and other witnesses the deceased was number released.
Then all of them alongwith the Sarpanch, P.W.5 went to the office of CIA Staff Office.
P.W. 3 Nighaya is the uncle of the deceased Kailash.
P.W.9 took up the investigation, examined the witnesses and recorded their statements.
On 12.9.86 when the deceased was number released, P.W.3 and others went back to the village in order to bring the Sarpanch, P.W.5.
In the meantime a bus arrived.
10 DBA of 1988 against the judgment of the learned Session Judge questioning the acquittal of the accused of the major charges.
All these witnesses have denied the suggestion that they did number see the accused beating the deceased.
Out of them some were abrasions and some were companytusions and a lacerated wound on the forehead.
On internal examination he found that there were fractures of 3rd to 9th rib on the left side and the liver, spleen and glad bladder were injured.
On 16.9.88 the statement of P.W.5 was recorded.
In the cross examination he admitted that on an application he gave opinion to the effect that the possibility of a, bus accident or marpit causing these injuries can number be ruled out.
After half an hour or 45 minutes they went towards the staff office but on the way they were informed by Mai Ram, P.W.8 and another that the deceased had died and that the police have taken the injured Kailash and have thrown him under a bus and raised a false alarm that a passenger had fallen.
There they found Rajmal, A.S.I. A 2 handling the deceased and beating him.
Accordingly on 13.9.86 P.W.5.
Petition filed hy Dalip Singh, A 1 for companydonation of delay in preferring the appeal was, however dismissed.
That very day in the evening through the good offices of Balbir Singh, release of the deceased was obtained.
On 14.9.86 P.W.5 and other witnesses again went to CIA staff office and in their presence Rajmal, A.S.I. A 2 again kicked and gave danda blows the deceased.
But he did number release him and asked them to go away.
We have carefully examined the cross examination of P.Ws 3,4 and 5.
P.C. in which he has mentioned all the details starting from 5.9.86 onwards to 15.9.86.
According to the prosecution on 5.9.86 one Kailash was arrested by the police staff, Cheeka and the allegation was that he was involved in a theft of a buffalo on the basis of the companyplaint given by one Jodha and Jogi.
There they saw Dalip Singh, S.I. A 1 alighting from a car.
As already stated the plea of the accused has been of total denial.
He has mentioned the names of the four accused.
The bus was stopped and the deceased was put in the bus and was taken to the hospital but he was found to be dead.
Avtar Singh, Inspector of Police.
P.W.5, the Sarpanch Reposed that on 12.9.86 P.Ws 3 and 4 came to him and informed that in companynection with the theft of a buffalo the deceased Kailash had been taken away by the CIA staff, Cheeka and requested him to get him released.
Then P.W.3 has also mentioned about their visits to the police post upto 13.9.86 and it is further stated that on that day when they were near the CIA staff office, Dalip Singh, Section 1 a 1 alighted from a car and went inside the staff room and that a request was made to him to release the deceased but he threatened them and he also beat the deceased Kailash before them.
He also found the deceased tied up with a chain to his foot.
He deposed that 9 or 10 months ago he boarded a bus from Kaithal to Patiala and when the bus had moved out of the Bus stand, Cheeka an alarm was raised that a man had been killed under the bus and the bus was stopped.
was due to injuries on these organs.
Thereafter they left the office.
Dalip Singh, A 1 was an S.I. of Police, Rajmal, A 2 was A.S.I., Bikram Singh A 3 and Suraj Bhan, A 4 were the Constables attached to the Police Station Cheeka Guhla District Kurukshetra.
There is number even a whisper from the side of the accused as to what happened to the deceased who was taken into custody by them.
These witnesses are cross examined on some aspects which are number very material.
On the same day namely 15.9.88 P.W.3 gave a report marked as Ex.
The evidence of the P.Ws would show that on 15.9.86 they went to the CIA staff room early in the morning and they were number allowed to enter the office.
He deposed that the deceased was taken away by the two officials of police staff, Cheeka and P.W.4, the father of the deceased also accompanied them.
He opined that the death .
Suspecting some foul play they went to the CIA staff office and came to know that the deceased had died.
Jayachandra Reddy, J. This is yet another case of death in police custody.
When they did number turn up on 9.9.86 P.W.3 accompanied by Hari Singh, P.W. 8 and one Shookand went to the CIA Staff Office, Cheeka.
Besides him Munshi Bikram, A 3 and Constable Suraj Bhan, A 4 also gave him beatings.
A report was given by P.W.3 the uncle of the deceased and the investigation was taken up.
