ATMARAM LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THREE police officials, now under suspension, are challenging their convictions and sentences under sections 330, 342, 343 and 348 of the Indian Penal Code.

(2.) THE appellants Atamaram and Uttam are Head Constables and the appellant Bhikaji is a police constable. All three of them were attached to the Jalgaon Police Station in Buldana District in September 1962. On 1st of September 1962, one Akaram went to that police station to report that his brother Lahanu had disappeared. He expressed a suspicion that Lahanu might have been murdered. The Sub-Inspector in charge of the police station recorded that information and ordered the appellant Atmaram to enquire into that report of Akaram.

(3.) THE case for the prosecution was as follows :-From the report of Akaram, the appellant Atmaram suspected that Lahanu was murdered, and Shewanti wife of Sonaji, Dwarki wife of Lahanu, Sheikh Jumma, Sakharam son of Kisan and Sakharam son of Sonaji were involved in that murder. In order to obtain information from these persons with respect to the murder of Lahanu and for knowing where the corpse was, Atamaram kept these five persons in unauthorised custody from the 3rd of September 1962 till the 7th of September 1962 and also assaulted them. While she was in his custody, Atmaram also committed rape of Dwarki wife of Lahanu. The co-accused Uttam and Bhikaji also helped him in these illegal acts. Hence the prosecution under sections 330, 342, 343, 348 read with section 34 of the Indian Penal Code.