Sadashio Mundaji Bhalerao vs State Of Maharashtra

Brief facts giving rise to filing of the present appeals are that the deceased Dilip along with other suspects were involved in a dacoity case which took place in the village Takarheda within the jurisdiction of Police-station, Arvi. One Namdeo Tulshiram Taywade, filed a complaint to this effect that the alleged dacoity has taken place in his house in which the inmates of the house were injured and certain ornaments had been taken away from his house. On the basis of this report, a case was registered on 24.10.1987 against unknown persons under sections 395, 397 & 398, IPC vide Crime No.254 of 1987. The investigation of the case was taken over by P.I. Bhadikar- the accused appellant. During the course of investigation, on 5.11.1987 the police arrested seven persons namely (1) Bastam Devidas Pawar, (2) Comrade Bhimrao Pawar, (3) Dilip Khusmya Ghosale, (4) Chaubharat Ramchandra Ghosale, (5) Partya Khusmya Ghosale, (6) Navbharat Ramachandra Ghosale and (7) Gangacharan Sukhadeo Pawar. The police arrested these persons and sought for judicial remand from the Judicial Magistrate for the purpose of investigation. The police was granted custody remand for seven days for the purpose of recovery of weapons of offence as well as stolen property. Till this time there was no complain of any ill- treatment of the accused. After taking remand from the Magistrate, the accused persons brought them to the Police-station.

On the night intervening between 5.11.1987 and 6.11.1987 when all the accused above mentioned were in police custody on remand by the Magistrate, the police was interrogating all the accused at the Police-station, Arvi. Dilip Khusmya Ghosale (hereinafter to be referred to as 'Dilip') who was one of the Suspects in the aforesaid crime was taken up from the police lock up to Detection Branch room for interrogation by some of the accused- appellants and it is alleged that his hands were tied down and he was administered beating by kicks and fist blows and during this interrogation, Dilip died in the Detection Branch centre. It is alleged that though Dilip died on account of beating , but in order to cover up this fact, the police registered a case under section 224, IPC on 6.11.1987 at 2.15 O' clock that the accused- Dilip has escaped from the police custody and thereafter wireless message was sent all over the State describing the general features of the accused-Dilip. It is alleged by the prosecution that a dead body was found lying in Adilabad, Andhra Pradesh and the post-mortem was conducted on the dead body by the P. S.Adilabad. The dead body was in a decomposed condition and it was cremated. During the course of investigation this fact came to the light. It was alleged that this dead body was that of deceased-Dilip and his finger prints were taken and it was sought to be matched with the finger prints on one receipt of purchase of a cow and it was sought to be connected with that of the deceased so as to establish that this was the dead body of deceased Dilip who was taken away by the police jeep and the same was disposed of at Adilabad in A.P. by the accused persons.

It appears that for some time nothing happened but some public spirited persons got a scent of it that some accused has died in police custody. Therefore, one Dr.Shyam Sundr Bhutada approached the concerned Superintendent of Police and informed him that it was a rumour in the town that one Dilip has died in the police custody. Thereafter, he lodged a written complaint in the police-station and this report was taken up by the In-charge of the Police-station. Accused No.2- Bhadikar registered the offence under section 302 read with 34, I.P.C. vide crime No.263/87. Accused appellant No.1 took up the investigation. It appears that after some time the higher-ups in the Department came to know about this fact and therefore, this case was taken up by the C.I.D., Crime and it was entrusted to P.W.,28, Deputy Superintendent of Police- Bhagwangir Goswami on 24.12.1987. Thereafter, the investigation was taken up by Shri Goswami who recorded the statement of all the co-accused who were held up in that dacoity case along with deceased Dilip and after completion of necessary investigation all the 17 accused persons including one D.S.P., incharge of the Police-station were charged under sections 302, 201 read with Section 34, IPC. The case was committed to the court of session. The prosecution examined a large number of witnesses in order to substantiate the allegation that accused- Dilip died in the police custody. Learned Second Additional Sessions Judge after recording necessary evidence came to the conclusion that the prosecution has failed to substantiate the allegation against the accused police personnel and gave the benefit of doubt to all the accused persons and acquitted all of them. Aggrieved against the order of acquittal passed by learned Second Additional Sessions Judge dated 30.4.1996, the State preferred an appeal before the High Court against all the accused persons. The Division Bench of the High Court, Bombay ; Bench at Nagpur reviewed the whole evidence on record and reversed the order of acquittal of all the accused persons and convicted them as aforesaid by its order dated 17.1.2005. Hence, the present appeals by the accused-appellants.

As a result of our above discussion we are of opinion that the view taken by the Division Bench of the High Court in reversing the judgment of Second Additional Sessions Judge, does not appear to be well founded. Normally, the appellate court is very slow in interfering with the order of acquittal unless there are compelling circumstances to do so. After going through the judgment of the trial court, we are of opinion that the view taken by the trial court appears to be just and proper in the given facts and circumstances of the case and it was not proper for the Division Bench of the High Court to reverse the finding. We are satisfied that the reasons given by the High Court in reversing the order of acquittal of the accused persons are not cogent and does not appeal to the reason so as to justify the conviction of the appellants. Hence, we allow the appeals filed by the appellants and set aside the impugned judgment of the High Court and affirm the judgment of the trial court and acquit all accused- appellants from the charges. The appellants shall be released forthwith if they are not required in any other case.