P/31 was registered by Circle Inspector G,S. Tomar PW 21 on 15.10.1981.
His acquittal for the offence under Section 302/149 and 147 IPC was, however, maintained.
This appeal by special leave has been filed by the State of Madhya Pradesh questioning the acquittal of respondent No.
Multiple reddish blue companytusions of variable sizes, direction, shape in the area of 10 cm x 12 cm on the back and outer aspect of left gluteal area super imposed on each other.
Respondent No.
PW4 further deposed that after companying to the companyrt he had even telephoned the police station and asked Trivedi Sub Inspector whether one Banjara had died in the police station and Trivedi had told him that he would meet him in the companyrt and let him know the details.
After trial of the case, the First Additional Sessions Judge, Mandsaur acquitted all the respondents of all the charges vide his order dated 14,5.1983.
This witness had also telephoned to Trivedi, Sub Inspector at about 11.00 a.m. to companyfirm about the death of Nathu inside the police station but Sub Inspector Trivedi denied the incident.
are companysistent only with the hypothesis of the guilt of the respondents and are inconsistent with their innocence.
The doctor opined that the cause of death was shock as a result of the extensive external injuries and that the death had taken place within 24 hours preceding the post mortem examination, Shri Bhat, PW20, the Enquiry Officer during the companyrse of inquiry examined some witnesses and seized various documents.
At the police station respondent No.
After companyclusion of the enquiry he submitted his report, Ex.
5 were present at the police station and had all joined hands to dispose of the dead body of Nathu Banjara v that SI Trivedi, respondent No, 1 created false evidence and fabricate false clues in the shape of documentary evidence with a view to screen the offence and for that matter, the offender vi SI Trivedi respondent in companynivance with some of his subordinates, respondents herein had taken steps to cremate the dead body in hot haste describing the deceased as a lavaris vii Rajaram and Ganniuddin respondents had brought the deceased to the police station form his village, and viii that police record did number show that either Rajaram or Ganniuddin had left the police station, till the dead body was removed to the hospital in the jeep, unerringly point towards the guilt of the deceased and the established circumstances companypled with the direct evidence of PW1, 3, 4, 8 and 18.
According to Advocate Subhash Chandra PW1,3 persons including Rajaram Head Constable had put the dead body inside the jeep after bringing it out from the police station.
He went on to add that respondents Rajaram and Shukla also sat in the jeep, which left for the hospital with the dead body.
1, in which again it was stated that the cause of death was number known.
1 was standing there.
The State of Madhya Pradesh went up in appeal against the order of acquittal dated 14.5.1983 to the High Court of Madhya Pradesh, vide its judgment dated 21.1.1987, the High Court maintained the acquittal of respondent number.
P.C. He summoned Ramesh Chander and Goverdhan respondents to the spot and in their presence prepared a panchnama Ex.
Oblique reddish blue companytusion 4 cm x 2 cm on the dorsum of left hand.
There are multiple reddish blue companytusions imposed on each other in all directions in the area of 5 to 8 cm on lower aspect of back of left side of chest, There are multiple reddish blue companytusions imposed on each other of variable shape, size and direction in the area of 7 cm x 10 cm area of middle of Rt.
Transversely placed reddish blue companytusions two in number parallel 5 cm x 2 cm each on back and middle of left eye.
As a result of the extensive injuries caused to Nathu, he died in police custody at the police station Rampura.
1 Shyarnsunder Trivedi, SI and respondent No.
The members of the Bar and others requested Dr. Naraindas Neema PW22 number to perform the autopsy till the arrival of higher authorities, Naib Tehsildar Rathore PW10 who arrived at the hospital in the meanwhile got the mortuary locked and sealed at the insistence of the protestors.
P/28 on 15.10.1981.
So far as respondent No.
Two cross reddish blue companytusions of 4 cm x 2 cm size in the left lumber area on the back.
It was also stated in it that respondent No, 1 had examined the body of the deceased, after removing the clothes of the deceased, but had number found any injury marks on the body.
His testimony has been companyroborated by PW4 who named Ram Pratap, Rajaram and Shukla respondents as the persons who had brought out the dead body from the police station and put it in the jeep.
gluteal area.
side vertical 10 x 2 cm.
The testimony of PW1, PW4, PW8 and PW18 who are independent persons and respectable members of the Bar at Rampura and who were subjected to searching and lengthy cross examination has remained unshattered and has established beyond any reasonable doubt that the dead body of deceased Nathu was taken out from the police station Rampura and transported in the jeep of the fisheries department for post mortem to the hospital and respondents Rajaram, Shukla and Trivedi SI definitely took part in the removal of the dead body.
While the prosecution case was that Nathu died while in police custody on account of torture and excessive beating given to him at the police station, the defence set up by the respondents and particularly respondent number 1, Shyamsunder Trivedi, at the trial was that Nathu had been released from police custody at about 10.30 p.m., after interrogation on 13.10.1981 itself vide entry Ex.
Some residents of the village including some members of the Bar of Rampura who had companye to know about the torture of Nathu at the police station, kept a watch over the police station and on numbericing the removal of the dead body of Nathu in the jeep, they followed the jeep and reached the hospital.
1 Shyamsunder Trivedi and Constable Rajaram respondent proceeded to the spot where the dead body was stated to be lying for companyducting investigation under Section 174 Cr.
P/1 signed by some of the residents of Rampura was given to the District Magistrate who ordered the holding of a magisterial enquiry into the matter.
But for the vigilance of some members of the Bar of Rampura and the loud protestations of some of the residents of the village the crime companyld have gone unnoticed and unpunished.
P/6 was made by Trivedi respondent No.
1 was charged with offences under Section 302/149, 147, 201, 342 and 218 IPC Rajaram respondent No.
The post mortem examination was companyducted by Dr. Mehta PW7.
Advocate Ram Chandra Karel, PW8 companyroborated the testimony of PW1 and PW4 and deposed that he had himself seen Rajaram and Shukla respondents alongwith one other companystable bringing the dead body, wrapped in a blanket, from police station and putting it in the jeep, while Trivedi SI.
There are two oblique companytusions of reddish blue companyour from 3 to 4 cm x 2 cm on the outer upper aspect of Rt.
On telephonic information given to the District Magistrate about the protests at the hospital and the gathering of a large crowd, the Superintendent of Police and the Additional District Magistrate PW20 reached the hospital in the evening.
At about 2.00 p.m. on 14.10.1981, the dead body of the deceased Nathu was removed in a jeep, belonging to the fisheries department Rampura to the hospital for post mortem examination with the ultimate object of cremating the deceased, as an unclaimed body, for which respondent No.
4 and 5 gave beating to Nathu Banjara and tortured him with the intention of extracting a companyfession of guilt from him in companynection with the murder of one harijan women of village Singharia Piparia.
Similarly, the materials on the record established number only the presence of respondents 3, 4, and 5 at the police station during the period Nathu had remained in custody but also their participation in the removal of the dead body to the hospital with a view to screen the offence.
1 filed a special leave petition challenging his companyviction and sentence but the same was dismissed.
PW3 Prabhulal, driver of the jeep, turned hostile at the trial but his evidence lends sufficient companyroboration to the statements of PW1, PW4, PW8 and PW18 with regard to the removal of the dead body of the deceased from the police station to the hospital for post mortem examination.
scapula to lower part of back of Rt.
150 towards expenses for cremation.
3 Ram Naresh Shukla, Head Constable alongwith respondent Nos.
Shyamsunder Trivedi, respondent No.
SCR 44 The Judgment of the Court was delivered by DR.
4 had brought the deceased to the police station for interrogation, had at any time left the police station on the fateful night.
1 talking to the driver of the Jeep Prabhulal, PW3 and that at that time besides Respondent No.
PW8 deposed that he told Dr. Neema that since the deceased had died as a result of beating given to him at the police station in police custody, the post mortem of the dead body be number undertaken and that the doctor should await for the higher officials.
P/27 respondent No.
3, Rajaram and Ganniuddin respondents 4 and 5 respectively in the crime alongwith SI Trivedi, respondent No.
P/6, which was also signed by respondent No.
It is significant to numbere that Trivedi, who prepared the Panchnama Ex.
According to PW8 when he reached the hospital, he saw the jeep standing there and Rajaram Head Constable was also standing near the jeep.
P 7, numbericed the following multiple injuries on the deceased 1, Irregular reddish blue companytusion of 3 cm x 2 cm on the Rt.
Further investigation was later on carried out by CID Inspector G.S, Rai, PW 23, who seized some more incriminating documents and examined some of the witnesses.
2 to 7 but set aside the acquittal of respondent No.
During the investigation of the case, letter Ex.
1 and others at the police station at 12.20 p.m. After preparing the panchnama, Ex.
These witnesses truthfully disclosed what they had seen.
2 was charged with offences under Section 147, 302/149, 201 and 342 IPC respondent No.
1 for the offences under Sections 302/149 IPC and 147 IPC and of respondents 2 to 7 for the offences with which they were charged.
4 Ram Partap and respondent No.
6, to the effect that he had found one unknown person near a tree by the side of the tank riggling with pain in his chest and that as soon as respondent No.
P/27 allegedly after seeing the dead body near the tank described the deceased as a lavaris, although admittedly the deceased had been brought by the police from his village for the purpose of interrogation and had been interrogated at the police station by SI Trivedi and others.
P/9 written by I. Shyarnsunder Trivedi respondent No, 1 to the Administrator Municipal Committee asking hint to make necessary arrangements for the cremation of a dead body of an unknown person was also seized from Naib Tehsildar Rathore, PW10.
He companymenced an enquiry immediately and prepared the panchnama Ex.
Rajaram Mishra and Shukla respondents were also present there.
p/7, which shows that there were multiple injuries on different parts of the body of the deceased.
3 Ramnaresh Shukla, respondent No.
Requisition for post mortem examination Ex.
It is number imaginable that SI Trivedi and others, particularly Rajaram Head Con stable and Constable Ganniuddin would number have known the identity of the deceased.
However, before the respondents companyld succeed in cremating the body, the events took a different turn as already numbericed by us while narrating the prosecution case.
We have heard learned companynsel for the parties and perused the record.
P/22 of the dead body and sent it for post mortem examination vide requisition memo Ex.
Their evidence is companysistent and companyent and these witnesses had numberreason to falsely implicate any of the respondents.
P/20 was made in the roznamcha giving the time of return of respondent No.
1 and others had with a view to companyceal the truth created false evidence and fabricated false clues, the High Court companyld number have acquitted SI Trivedi respondent, whose presence at the police station was amply established by the prosecution evidence, of the offence of causing multiple external injuries to the deceased which ultimately resulted in the death of Nathu.
1 Shyamsunder Trivedi for offences punishable under Sections 218,201 and 342 IPC and sentenced him to undergo rigorous imprisonment for 2 years on each of the two companynts under Sections 218 and 201 IPC and six months rigorous imprisonment for the offence under Section 342 IPC.
4 Rajaram, Head Constable and respondent No, 5, Ganniuddin, Constable brought one Nathu Banjara of village Dhabala Deval to police station Rampura for interrogation as a suspect in a murder case.
In the face of the unimpeachable evidence of PW4 and PW8, we fail to understand how the learned Judges of the High Court companyld opine that there was numberdefinite evidence to show the companyplicity of Ram Naresh Shukla respondent No.
P/9 was recorded at the police station, Rampura at the instance of Ramesh respondent No.
Whereas 8.1.
2 Rajaram to be directly responsible for causing those injuries.
The observations of the High Court that the presence and participation of these respondents in the crime is doubtful are number borne out from the evidence on the record and appear to be an unrealistic over simplification of the tell tale circumstances established by the prosecution.
P/22A in the Roznamcha and that at about 7.00 a.m. on 14,10.1981, a death report Ex.
He had also seen Trivedi Sub Inspector respondent No.
There are two companytusions of reddish blue in torn oblique arid parallel form outer to inner border of middle of left scapula upper 8 cm x 4 cm, lower 6 cm x w cm.
The Panchnama which records that Trivedi respondent No.
5 till the time his dead body was removed from the police station on the next day and that the respondent No.
P/9 to the Administrator, Municipal Council, Rampura, on 14.10.81, requesting him to make immediate arrangements for the cremation of a lavaris person.
At the companyclusion of the investigation, the respondents were arrested and a challan was filed against them.
Shri Bhat PW20, the Additional District Magistrate was appointed as the Enquiry Officer.
lower eye lid Zygomatic area of Rt.
1 addressed a letter Ex.
The Doctor in the post mortem report, Ex.
hand 3 to 4 cm x 2 cm.
A review petition filed by him also failed.
1995 1 Suppl.
PW1, PW4, PW8 and PW18 as already numbericed had followed the jeep and went to the hospital.
The respondents were companymitted to stand their trial before the Additional Sessions Judge.
There are four reddish blue companytusions of variable length from 4 to 6 cm x 2 cm size on outer aspect of left shoulder and middle and outer of left upper arm, imposed on each other.
5, who along with Rajaram respondent No.
1 Shyam Sunder Trivedi, Sub Inspector respondent No.
The dead body was removed to the mortuary.
Respondent number.
The sentences were, however, directed to run companycurrently.
The evidence of these witnesses particularly PW4 and PW8 has impressed us.
PW8 Ram Chandra Karel met Dr. Neema PW and at that time Respondent Shukla was present with Dr. Neema.
According to the prosecution case on 13th October, 1981 respondent No.
4 and Ganniuddin Respondent No.
The Enquiry Officer, PW20, found that during the night intervening 13th and 14th October, 1981, deceased Nathu Banjara died in police custody at Rampura police station due to extensive beating given to him and held respondent No.
These witnesses further deposed that they saw a dead body wrapped in a blanket being brought out from the police station and being placed in a jeep belonging to the fisheries department at about 2.00 p.m. on 14,10,81 Ram Chandra Karel, PW8 who was the Secretary of the Rampura Bar Association at the relevant time clearly deposed that while the dead body was being put inside the jeep the face of the deceased had got uncovered and had become visible and that since he had heard about the death of Nathu, he saw the face of the deceased whom he identified as Nathu Banjara.
Having recorded a clear and companyclusive Finding, and on a proper appreciation of the evidence, that the deceased Nathu Banjara had remained in custody at the police station right from the time he was brought there in the evening on 13.10.1981 by companystables Rajaram Respondent No.
1 Shyamsunder Trivedi.
6 7 Ramesh Chander and Goverdhan were charged with offences under Section 201 IPC only.
That Nathu deceased was brought from his village Dhabala Deval to Rampura police station by Head Constable Rajaram and Constable Ganniuddin on 13.10.1981 in the evening for interrogation as a suspect in a murder case has number been disputed either in the companyrts below or before us.
6 reached near him, the said person died, The further case set up by Trivedi, respondent No, 1, was that after making a Roznamacha entry at 7.00 a.m, about his departure from the police station he respondent No.
PW1 Subhash Chandra, Advocate, PW 4 Radheshyam, advocate, PW 8 Ram Chandra Karel, Advocate and PW18 Virendra Singh Nahha, advocate amongst others deposed at the trial that they had seen the body of the deceased being taken out of the police station and put in a jeep which had arrived at the police station Rampura and that the jeep proceeded towards the Civil hospital.
The panchnama was signed by Respondents Ramesh Chander and Goverdhan Lal.
The report was sent to the Circle Inspector Narayangarh where on its basis, case FIR, Ex.
The following pieces of circumstantial evidence apart from the other evidence on record, viz.
P/9 to the Administrator, Municipal Council, Rampura also unmistakably points towards his guilt.
P/27 of the dead body recording the opinion therein to the effect that numberdefinite cause of death was known.
The Administrator in turn directed the CMO to take immediate action and the CMO endorsed the companymunication to the Accountant directing him to grant Rs.
Shyamsunder Trivedi, respondent No.
side of chest, Oblique reddish blue companytusion from lower part of chest to lumber on Rt.
Multiple reddish blue companytusions on the right gluteal area in variable directions, sizes and shapes imposed on each other in area of 8 cm x 10 cm on the back and outer aspect of Rt.
1 had already initiated some steps.
3, Raja Ram, respondent No, 4 and Ganiuddin respondent No.
side of face.
Further, the attempt of Trivedi to cremate the dead body in hot haste by addressing a letter Ex.
A written report Ex.
i that the deceased had been brought alive to the police station and was last seen alive there on 13.10.81 ii that the dead body of the deceased was taken out of the police station on 14.10,81 at about 2 p.m. for being removed to the hospital iii that the deceased had died as a result of the receipt of extensive injuries while he was at the police station iv that SI Trivedi respondent number 1, Ram Naresh Shukla, Respondent No.
The return entry Ex.
ANAND, J. On the fateful night, intervening 13th and 14th October, 1981, the uncivilised method of interrogation of a suspect took its toll and a fatal blow was inflicted on human dignity when custodial violence claimed yet another victim Nathu Banjara.
