Haricharan & Anr vs State Of M.P. & Ors

2. At that relevant time, all the appellants were police officers and posted at Police Station Indar, District Shivpuri. Anil Kumar Kushwaha, appellant in 2 Criminal Appeal No. 584 of 2003 was posted as the Station House Officer of the aforesaid Police Station. Ram Ujagar, appellant in Criminal Appeal No. 583 of 2003 was posted as Head Constable.

3. Briefly stated the prosecution case, as noticed 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. 57 of 1983 for offence punishable under Section 457 and 380 IPC. He was interrogated at the Police Station and was confined in the lock up. While he was confined in the lock up, he was subjected to third degree torture. He was given electric shock on his scrotum with the intention to extort the confession for the crime of the alleged theft. As due 3 to the torture and electric shocks, condition of Mathura deteriorated, he was released on 11th October, 1983. According to the prosecution, Mathura was unlawfully detained in the Police Station from 8th October, 1983 till 11th October, 1983. The police had neither made any entry about his detention in the police records nor about his discharge.

However, the condition of Mathura worsened on 13th October, 1983. Takhat Singh, PW1 alongwith his brother Amrit Lal sent a private doctor Jagdish Prasad Soni, PW18 for his treatment. On seeing that Mathura was unconscious, Jagdish Prasad Soni advised that he should be immediately taken to hospital at Shivpuri. Takhat Singh, PW1 brought him to Shivpuri by bus. He also intimated Superintendent of Police about the ill-treatment and 4 torture of Mathura by the police personnel at Police Station Indar. He requested the Superintendent of Police to ensure that proper medical treatment is given to Mathura. He also made a request for an enquiry against the police officers at the aforesaid police station. 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.

Panchnama of the dead body (Ex.P3) was duly prepared. Thereafter, a direction was issued for performing the postmortem. On 14th October, 1983 at about 11.50 a.m., the postmortem was performed by Dr. L.D. Vaswani. He found one oval shaped charring wound on each side of the anterior of the scrotum. A black charring wound oval in shape 2.5 cm x 3 cm on the right side and a black charring 6 oval in shape 2 cm x 1.5 cm on the left side.

According to this postmortem, no other external injuries were found. On internal examination, it was found that arachnoid membrane of the brain was congested. He also found sub arachnoid Hemorrhage at the base of the near circle of Willis.

Feeling aggrieved against the judgment of the trial court, the State of Madhya Pradesh challenged the 7 same by way of an appeal. The High Court by its judgment dated 1st August, 2002 allowed the appeal and reversed the findings of acquittal recorded by the trial court. All the appellants were convicted and sentenced as noticed above. Aggrieved by the aforesaid judgment, the appellants have filed the present four appeals.

11. Mr. Tulsi further submitted that there were discrepancies between the charges as laid by the prosecution and medical evidence. According to the postmortem, injury had been caused within two days. This, according to Mr. Tulsi, would clearly rule out the case of torture. Even according to the prosecution, Mathura had been taken into the custody on 8th October, 1983 and had been released on 11th October, 1983. The postmortem was conducted on 14th October, 1983 at around 11.50 a.m. 4 (2002) 3 SCC 57 5 (2003) 1 SCC 398 11

These crimes are committed under the shield of uniform and authority within the four walls of police station or lock up, the victim being totally helpless.

Torture in custody flouts the basic rights of the citizens recognised by the Indian Constitution and is an affront to human dignity. Police excesses and the maltreatment of detainees/undertrial prisoners or suspects tarnishes the image of any civilised nation and encourages the men in `Khaki' to consider themselves to be above the law and sometimes even to become law unto themselves. Unless stern measures are taken to check the malady, the foundations of the criminal justice delivery system would be shaken and the civilization itself would risk the consequence of heading towards perishing. The courts must, therefore, deal with such cases in a realistic manner and with the sensitivity which they deserve, otherwise the common man may lose faith in the judiciary itself, which will be a sad day.

27. Keeping in view the aforesaid salutary observations, we may now examine the question as to whether the High Court committed an error in reversing the judgment of acquittal as recorded by the trial Court.

30. Apart from Kamal Singh (PW6), it appears that the other witnesses were also under constant pressure, not to depose against the police. This is evident from the fact that virtually all the witnesses turned hostile and failed to support the prosecution case.

32. We are of the considered opinion that in accepting the evidence of PW6 and the medical evidence of PW23 and PW24, the High Court has not committed any error. The evidence on the record clearly shows that death of Mathura was a direct consequence of the inexcusable and inhuman torture by the police.

The prosecution has proved beyond reasonable doubt that Mathura was taken to the police station.

Upon his release, the police personnel terrorized the 32 entire family. This is evident from the fact that the widow, the son and the brother of the deceased Mathura, all turned hostile. However, there is sufficient evidence on the record given by PW6, PW23 and PW24 to prove beyond reasonable doubt that Mathura died due to the inhuman torture inflicted upon him by the appellants.

33. We see no reason to differ with the findings recorded by the High Court. The appeals are dismissed.

March 9, 2011.