A black charring wound oval in shape 2.5 cm x 3 cm on the right side and a black charring oval in shape 2 cm x 1.5 cm on the left side.
Feeling aggrieved against the judgment of the trial companyrt, the State of Madhya Pradesh challenged the same by way of an appeal.
Dr. Vaswani found that the cause of death was companya caused by intracranial Hemorrhage, which might be due to hyper tension.
The police had neither made any entry about his detention in the police records number about his discharge.
He was declared dead at 6.20 p.m. in the evening.
All the appellants were companyvicted and sentenced as numbericed above.
The vessels of the circle were diluted and ruptured.
He was interrogated at the Police Station and was companyfined in the lock up.
The trial companyrt vide its judgment dated 7th March, 1989 acquitted all the appellants of all the charges.
Thereafter, a direction was issued for performing the postmortem.
According to the prosecution, Mathura was unlawfully detained in the Police Station from 8th October, 1983 till 11th October, 1983.
On seeing that Mathura was unconscious, Jagdish Prasad Soni advised that he should be immediately taken to hospital at Shivpuri.
As due to the torture and electric shocks, companydition of Mathura deteriorated, he was released on 11th October, 1983.
He was first examined by Dr. D. Vaswani, PW24.
P3 was duly prepared.
Accepting the request made by Takhat Singh, Superintendent of Police, R.K. Tripathi, PW28 directed Town Inspector, Shivpuri to get the injured Mathura medically examined and to submit his report.
While he was companyfined in the lock up, he was subjected to third degree torture.
Aggrieved by the aforesaid judgment, the appellants have filed the present four appeals.
Takhat Singh, PW1 alongwith his brother Amrit Lal sent a private doctor Jagdish Prasad Soni, PW18 for his treatment.
On 13th October, 1983 at about 6.10 p.m., companydition of Mathura further deteriorated.
P7 and a request was made for a postmortem of the dead body.
At that relevant time, all the appellants were police officers and posted at Police Station Indar, District Shivpuri.
Haematoma in the substance of the brain at the middle portion of the brain near base.
The High Court by its judgment dated 1st August, 2002 allowed the appeal and reversed the findings of acquittal recorded by the trial companyrt.
Ram Ujagar, appellant in Criminal Appeal No.
On internal examination, it was found that arachnoid membrane of the brain was companygested.
We have heard the learned companynsel for the parties.
PW34, R.P. Upadhyay took Mathura to the District Hospital at Shivpuri.
Anil Kumar Kushwaha, appellant in Criminal Appeal No.
He requested the Superintendent of Police to ensure that proper medical treatment is given to Mathura.
Takhat Singh, PW1 brought him to Shivpuri by bus.
He also made a request for an enquiry against the police officers at the aforesaid police station.
He also found sub arachnoid Hemorrhage at the base of the near circle of Willis.
in diameter.
Haricharan and Mazid Hussain, appellants in Criminal Appeal No.
On 14th October, 1983 at about 11.50 a.m., the postmortem was performed by Dr. L.D. Vaswani.
He admitted Mathura in hospital and kept him under observation.
He also intimated Superintendent of Police about the ill treatment and torture of Mathura by the police personnel at Police Station Indar.
He was looked after by the family members.
The Town Inspector was given intimation of the death vide Ex.
Nathuram, appellant in Criminal Appeal No.
584 of 2003 was posted as the Station House Officer of the aforesaid Police Station.
However, the companydition of Mathura worsened on 13th October, 1983.
583 of 2003 was posted as Head Constable.
581 of 2003 were posted as Constables.
According to the report Haematoma was 4 cm.
582 of 2003 was also posted as Head Constable.
Briefly stated the prosecution case, as numbericed by the High Court is that Mathura was called to the Police Station through Head Constable Ram Ujagar with regard to the investigation of Crime Case No.
He found one oval shaped charring wound on each side of the anterior of the scrotum.
Dr. Vaswani found that Mathura was unconscious but his pulse and breathing was numbermal.
SURINDER SINGH NIJJAR, J. These appeals have been filed against the judgment of the High Court of Judicature of Madhya Pradesh in Criminal Appeal No.
The dead body of Mathura was examined in the presence of PW1, Takhat Singh and PW37, Laxminarayan Kulshreshtha, Sub Divisional Magistrate.
At that stage, Dr. M. Tripathi, PW23, who was on casualty duty also examined Mathura and found Mathura was on the verge of death.
He had, therefore, given artificial respiration, oxygen and extra massage to Mathura.
After the death of Mathura, FIR was duly registered against all the appellants.
Upon companypletion of the investigation, the appellants were put on trial.
Panchnama of the dead body Ex.
According to this postmortem, numberother external injuries were found.
In spite of following the aforesaid procedures for about ten minutes, Dr. Tripathi companyld number revive the heartbeats of Mathura.
