C.B.I vs Kishore Singh & Ors

7. On 2.2.1994, at about 8 P.M. Jugta Ram was carrying a bottle of liquor when accused constable Kishore Singh met him and snatched the liquor bottle and in the course of the scuffle the bottle fell down and got broken. Kishore Singh then took Jugta Ram to the Sadar police station where the accused SHO Sohan Singh and some policemen were also present. Sohan Singh allegedly assaulted Jugta Ram and at that time Bheru Singh also came to the 4 police station. Accused Kishore Singh, constable, is the son of Bheru Singh's brother-in-law (sala).

8. Jugta Ram was taken to the police station on 2.2.1994 and kept locked up there till 5.2.1994. He was beaten up in the police lockup by Bheru Singh, constable Kishore Singh and A.S.I. Sumer Dan. On 4.2.1994 at about 2 or 3 P.M., Jugta Ram's brother Kheraj Ram came to the police station and he stated that the policemen demanded Rs. 40-50 thousand otherwise Jugta Ram will not be released.

11. The police registered the F.I.R. of Jugta Ram on 5.2.1994 under sub-Section 307/326. Initially the investigation was handed over to the Additional S.P., Barmer, but thereafter it was transferred to the C.I.D., Crime Branch which added the offences of Sections 343 and 120B I.P.C. Thereafter, at the instance of the State Government the investigation was transferred to the C.B.I., which investigated the case and submitted a charge sheet.

12. The accused denied the prosecution case, but the trial court found all the three accused guilty vide its judgment dated 21.12.2005. The fourth accused Bheru Singh died during the trial. 6

13. The trial court sentenced accused Kishore Singh to rigorous imprisonment for life and a fine of Rs. 5000/- under Section 326 IPC and 7 years rigorous imprisonment and a fine of Rs. 1000/- under Section 308 IPC. It also sentenced him under Sections 323 and 343 IPC. The trial court sentenced accused Sohan Singh to 6 months rigorous imprisonment under Section 323 IPC and 1 years' rigorous imprisonment under Section 343 IPC.

14. The trial court also sentenced accused Sumer Dan to 10 years rigorous imprisonment and a fine of Rs. 2000/- under Sections 326/114 IPC and also 7 years' rigorous imprisonment and a fine of Rs. 2000/- under Sections 308/114 IPC and further 5 years' rigorous imprisonment under Section 120B IPC read with some other provisions of the IPC.

17. We are of the opinion that the judgment of the High Court acquitting accused Sohan Singh and Sumer Dan and reducing the sentence of accused Kishore Singh cannot be sustained as it amounts to gross travesty of justice.

29. We have also seen the evidence of Jugta Ram's brother Kheraj Ram, and the other witnesses.

32. On the facts of the case we enhance the sentence of accused Kishore Singh to 5 years' rigorous imprisonment under Section 326 IPC and a fine of Rs.50,000/- failing which he shall further undergo rigorous imprisonment for six months. Kishore Singh is also found guilty under Section 342 IPC and sentenced to six months rigorous imprisonment. The two sentences shall run concurrently. In case the fine is deposited the same shall be paid to the victim as compensation.

33. As regards accused Sumer Dan, his acquittal is set aside and he is found guilty of the offence under Sections 326 read with Section 120B IPC and is sentenced to 3 years rigorous imprisonment and a fine of Rs. 50,000/- failing which he shall further suffer 1 years' rigorous imprisonment. He is also found guilty of the offence under Section 342 IPC and is sentenced to six months rigorous imprisonment. The two sentences shall run concurrently. The amount of fine if deposited shall be paid as compensation to the victim.

34. As regards accused Sohan Singh, we set aside his acquittal and hold him guilty under Section 342 IPC and sentence him to six months simple imprisonment and a fine of Rs. 10,000/- failing which he shall further suffer one month's simple imprisonment. The amount if deposited shall be paid to the victim as compensation.

35. The appeals filed by the CBI are allowed, and the High Court judgment is set aside.

October 25, 2010