DAVE, J. - (1.)This case has come up on a complaint dt. Aug. 27, 1984 received by post from one Mohanlal son of Onkar, by caste Mali, resident of Ramsar, District Ajmer addressed to my learned brother Hon 'ble G. M. Lodha, J. wherein the allegation of mass rape in police custody against Sundari Devi wife of the complainant was reported. Several documents were tagged with this complaint. On receipt of this complaint my learned brother issued notices to the Director-General of Police, Rajasthan and Superintendent of Police, Ajmer and S. R. O. Ram Ratan Police Line, Ajmer to appear before this court and explain the situation. This application was registered as writ petition under Art. 226 of the Constitution. '
(2.)After the notices were served the State filed a reply and the S.R.O. put in appearance through Shri K. N. Sharma Advocate. Shri Jagdeep Dhankhar was asked to assist the complainant and this court ex gratia on legal aid side. The entire record of the Police station was sent for and placed before us by the Government Advocate. In their reply respondents 1 and 2 admit the fact that the death of Sunderi Devi took place while in police custody and that an enquiry was also conducted under S. 176, Cr. P.C. by the Additional District Magistrate who filed a complaint under S. 302, IPC on which a F.I.R. No. 39/84 was registered at police station Nasirabad and investigation was handed over to C.I.D. (C. B.) It is further said in the reply that after investigation a final report was submitted which has been accepted by the Munsiff and Judicial Magistrate 1st Class, Nasirabad vide his order, dt. Aug. 27, 1984. With the reply the State Government has also placed before us the statements of Mohan Lal and his son Laxman recorded under S. 161, Cr. P.C.as well as recorded by the Additional District Magistrate. The Government Advocate has also placed before us the entire case diary of the investigation of the original case in which Sunderi Devi was arrested, i.e. case No. 43/84 of police station Nasirabad Sadar.
(3.)We have perused the reply filed by the State along with the Annexure 5 as well as the police diary of case No. 43/84 in which Mst. Sundari was arrested. Her arrest memo which is at page 50 of the police diary discloses that at the time when she was arrested she complained of some pain in her breast, besides this there is no mention of any other injury on her person. She was subjected to post-mortem examination which had been conducted by a Medical Board consisting of four doctors. This Medical Board found 23 external injuries on her person which are as under:
1. Contusion-7 X 7 cms on left zygomastic and maxillary regions. 2. Contusion-6 X 6 cms on right temporal and zygomatic area. . 3. Contusion 26 X 24 cms on left buttock in diffuce form. 4. Contusion 38 X 23 cms on right buttock and back of right thigh upper third. 5. Contusion 6 X 2 cms over front of right thigh on its middle third. 6. Contusion 6 X 1 1/2 cms over outer side of right thigh lower third. 7. Contusion-9 X 3 cms over antero lateral aspect of left thigh lower third. 8. Abrasion 1 X 1 cm over right knee. 9. Abraded coptusion-7 X 2 cms over right knee. 10. Contusion 10 X 3 cms over outer side of right leg middle third: 11. Contusion-11 X 4 cms on front of left thigh middle third. 12. Contusion-11 X 4 cms over outer side of left thigh lower half. 13. Contusion 8 X 2 cms over outer side of left leg just below knee. 14. Contusion-7 X 3 cms over antero medial aspect of left thigh middle third 15. Abraded contusion-5 X 1 cm over upper part of right scapula. 16. Contusion-9 X 2 cms over middle of right scapula. 17. Contusion-8 X 1 cms on middle of right scapula. 18. Contusion-7 X 1 cms over lower right scapula. 19. Contusion-5 X 1 cms over middle of back on right side. 20. Diffuse contusion-14 X 10 cms on left scapula. 21. Contusion-12 X 6 cms over lower left thorax posterior. 22. Contusion-8 X 5 cms over lower left thorace lumber regions. 23. Abraded contusion-2 X 1 1/2 cms over right elbow.
All these injuries were found to be ante mortem and caused by blunt objects. This post-mortem report also suggests that she was pregnant at the time when she died. The injuries mentioned above disclose that size of the injuries was ranging from the dimension of 1 X 1 cm to 38 X 25 cms. At least two of the injuries which were 7 X 7 cms and 6 X 6 were on the zygomatic region and right temporal region which could be visible even from the distance. The viscera and the parts of the kidney and other internal parts were preserved by the Doctor and were sent for analysis and histo- pathological examination and this Board of Doctors also opined that the duration of the injuries was within 24 hours and the death could be caused as result of cumulative effect of all the injuries. It was further mentioned that the shock is possible because of ante mortem inturies which were caused by blunt weapon. The lungs showed the changes of pulmonary cedema and partially outhlytic changes which indicate that she had some disease of which she has complaint and which finds place in her arrest memo as well. All the witnesses have stated that at the time when she was arrested and taken inside the police station she had no injuries on her person. The statement of her husband and son also is that she was taken inside police station and they were made to stand outside and later on informed that she is serious and then ultimately died. When the unnatural death was reported to the. Addl. District Magistrate he had enquired into the whole case and had come to the conclusion that this was a case where a report should be lodged at the police station for investigation. The Addl. District Magistrate categorically stated in his report that during the course of inquiry when he recorded the statement of Ram Ratan, S.H.O., Police Station Nasirabad Sadar, Smt. Janki Devi police constable No. 900, Shri Mohan Lal, husband of deceased Mst. Sunderi Devi and Laxman, son of deceased, he came to the conclusion that Sundari was arrested at 2.50 p.m. on May 23, 1984 in connection with case No. 43/84 for offence under S. 302/379, IPC of police station Nasirabad and she collapsed in the hospital during the course of investigation at about 4 p.m. on the same day. Since all the injuries were antemortem in nature he sent this report on which a case was registered and the final report as mentioned above has been given by the' investigating officer which has been accepted by the Munsiff and Judicial Magistrate, Nasirabad.