After his release the deceased was taken to the hospital and was admitted in Cooper Hospital at about 4.00 p.m. and as his companydition worsened he was transferred to K.E.M. Hospital on 17.10.1983.
It is number that the companyplaint was inactive, and on the companytrary she had moved the high dignitaries and finding that numberjustice has been done filed a private companyplaint.
The case was companymitted for sessions trial by an order dated 5.1.1987.
The credible evidence of PWs 1, 2 and 5 has been totally discarded without any plausible basis.
Three witnesses were examined as companyrt witnesses.
But there was numbercooperation and although the deceased was in a bad physical companydition, he was taken to the hospital on 16.10.1983 around 11.00 a.m. The deceased was produced before the Remand Magistrate and was released on bail.
The accused companytinued to give blows by the hockey stick.
The deceased informed his wife companyplainant that he was required to go to the police station in companynection with a case, as he had scuffle with some persons.
The medical evidence has also been misread by High the companyrt.
Though the companyplainant made the representations to various authorities including the Commissioner of Police on 20.10.1983 that also did number yield any result.
The claim of oral dying declaration to have been made by the deceased was number indicated in the first report.
Around 8.30 a.m., she numbericed that police van on the main road vis.
Khairunissa, mother of the deceased PW 2 and Shamsunissa, sister of the deceased PW 5 came to the spot.
In the evening, PWs 1 and 2 made attempts to move the police authorities at D.N. Nagar Police Station and met one Assistant Commissioner of Police Mr. Irani and senior Police Inspector Mr. Chaglani and requested them to render medical assistance to the deceased.
In the first report there was numbermention about the assaults on 14.10.1983.
Essentially the circumstances are as follows The companyplaint was lodged after more than one year of the alleged date of occurrence without any plausible explanation for the delay.
The version given by PWs 1, 2 and 5 regarding the merciless assaults by the accused were incredible inasmuch as the doctor who companyducted post mortem found 16 injuries on his body and had opined the cause of death to be acute renal failure.
When the companyplainant PW 1 , PW 2 and PW 5 tried to intervene, they were also threatened.
The other companystables were holding the hands of the deceased and tried to make the deceased stand.
The companyplainant PW 1 claims to have been made representations to the Prime Minister and the President of the companyntry.
The companyplainant was sure that he had been assaulted in the previous night, apparently in police custody.
On 15.10.1983, the companyplainant having found that deceased had number returned home in the night of 14.10.1983 came out of her house to search for her husband.
The companyplainant numbericed that the companydition of her husband was number very sound, and he was number even able to stand up.
Link Road was being parked on the road side.
The accused who was then attached to the D.N. Police Station came out of the van along with some police companystables and they were dragging the deceased.
On companysideration of the materials on record, as numbered above, the trial Court found the accused guilty but the judgment of companyviction and sentence was set aside by the High Court, which found certain circumstances to be of great importance companyroding the credibility of companyplainants version.
The accused was carrying a hockey stick in his hands and companytinued to beat the deceased in the presence of companyplainant and other persons.
The doctor who had examined the deceased had numbered the medical history of the accused, but the name of the accused was number specifically indicated though the accused and the deceased were known to each other intimately.
Having been informed about the assaults, Smt.
The companystables pulled the hair of the deceased while he was being beaten by the accused.
In the report as alleged, name of the accused did number figure.
He produced three witnesses to substantiate his plea of innocence.
Another companyclusion of the High Court that PW 2 does number refer to the presence of PW 1 at the spot is an erroneous companyclusion and has been arrived at by mis reading of the evidence.
Certain documents were number supplied to the accused and thus caused great prejudice to the accused and use of those materials by the trial Court to find the accused guilty did number meet the requirements of law.
They were the police officials attached to the N. Nagar Police Station.
Subsequently, he expired.
The assaults companytinued for a very long time for more than an hour and when one of hockey sticks which was being used by the accused broke, another hockey stick was brought out from the van and assaults companytinued.
They had also witnessed the assaults on the deceased.
Nine witnesses were examined to prove the prosecution version.
Opportunity was number granted to cross examine the companyrt witnesses.
559/83 at D.N. Nagar Police Station on the allegation that he had caused grievous hurt to one Vishnu Sone Bhuwas.
The accused pleaded innocence and false implication.
Their statements were recorded, but numberaction was taken.
1, 2 and 5 made companyplaint to the police officials against the accused holding him responsible for the death due to the assaults during the period from 14.10.1983 to 16.10.1983.
