Santosh Hegde, J. - (1.) These two appeals arise from a judgment of the Nagpur Bench of the High Court of Judicature at Bombay made in Writ Petition (Criminal) No. 204 of 1993. Even though the points for our consideration in these appeals have narrowed down considerably because of the previous orders of this Court in these appeals as also some previous judgments of this Court, we think it necessary to very succinctly refer to the facts to the extent that is necessary.
(2.) Some of the policemen on duty in the Crime Branch Office of Nagpur City took into custody one Junious Adam Illamatti, a resident of Ajni Railway Colony on 23-6-1993. While he was in police custody, it is stated he was found dead. It is also alleged that when his wife Jarina Adam went to the Police Station to enquire about her husband, she was also locked up by the said Police and molested. On 26-6-1993 a criminal case being Crime No. 438 of 1993 was registered for offences under Ss. 302, 342, 330, 354 read with S. 34 against 10 Police Officers. The investigation in this regard was conducted by a Deputy Superintendent of Police, State CID (Crimes) Mr. Godbole. After investigation said Police Officers were charge-sheeted for the offences mentioned hereinabove and in the trial in S.C. No. 416 of 1993 before the Additional Sessions Judge, Nagpur, said 10 Police Officers were acquitted of the charge under S. 302, I.P.C. but were convicted for offences punishable under S. 333 read with Ss. 34, 342 read with Ss. 34, 355 read with S. 34, and a punishment of 3 years R.I. with fine for the principal offence was awarded by said Sessions Judge to the abovementioned 10 Police Officers.
(3.) A criminal appeal against the said judgment and conviction is pending before the High Court.;