- (1.) The appellants, who were original accused Nos.l to 7 and 9, were members of police force of the Doddapet Police Station at Shimoga City, Karnataka. The challenge in this appeal by special leave is to judgment dated November 14,2002,; ender ed by the Division Bench of High Court of Karnataka, Bangalore, in Criminal Appeal No.455 of 1995, by which judgment dated July 28, 1995, passed by the learned Additional Sessions Judge, Shimoga, in Sessions Case No. 143, 148, 326, 201, 218 and 302 read with Section 149 of Indian Penal Code (IPC) and imposing different punishments for commission those offences, is set aside and instead they are convicted for the offences punishable under Section 304, Part-II, IPC read with Section 34, IPC for having caused the death of two persons, i.e., Rajakumar and Gurumurthy and under Section 324 read with Section 34, IPC for causing hurt to injured Prakash and each one of them is imposed sentence of R.I. for one year and fine of Rs.5,000/- and in default to undergo R.I. for 2 years for commission of offence punishable under Section 304, Part-II read with Section 34, IPC whereas no separate sentence is awarded for conviction under Section 324 read with Section 34, IPC.
(2.) Though several constitutional and statutory provisions have been enacted to safeguard the personal liberty and life of citizens, incidents of torture and death in the police custody are even on the rise. In spite of condemnation of such acts by this Courts and High Courts, certain police officials conducts themselves in a manner resulting into gruesome torture and death of suspects in the police custody. There is no manner of doubt that these are the most heinous crimes committed by persons, who claim to be the protectors of the citizens. What is distressing to note is that the incidents of torture and death in the police custody take place under the shield of uniform and authority, in the four walls of a. police station or in the lock-up, where the victims are totally helpless.
(3.) This is one such case which brings to light an incident in which two person list their lives and others were injured while in police custody. The facts emerging from the record of the case are as under: On the night of December 31, 1987, a fight broke out between Gurumurthy, Rajakumar, Prakash, Nallakumar and Purushotham on one hand and some engineering students on the other, at a liquor bar, called Shilpa Bar, at Shimoga, where all were merrymaking to welcome the new year of 1988. The students lodged a complaint of assault on them. Therefore, criminal cases were registered against Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham at Doddapet Police Station, Shimoga City. In wee hours of January 12,1988 a reliable information was received at the said Police Station that Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham were taking shelter in a room at Sujatha Building, Tilak Nagar, Shimoga. The appellants Nos.l to 7, who were Police Constables, rushed to the place. They apprehended and brought Gurumurthy and others to the Police Station. At the relevant time, the appellant No. 8 was the Head Constable and was present in Police Station. The appellants gave Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham severe beating. Unable to withstand the same Gurumurthy and Rajakumar lost their consciousness and collapsed in the Police Station. The appellants thereafter took both of them to the hospital at different times. But doctor on duty declared them "dead on arrival". Prakash and Nallakumar were also severely beaten and they received serious injuries. Therefore, they were also taken to the hospital. When the news of death of Gurumurthy and Rajakumar at the hands of the police spread, a public disturbance near the hospital took place. On coming to know about this incident, Varadaraj, who was another P.S.I, of the same Police Station, rushed to the hospital and recorded statement of injured Prakash. After recording the same, P.S.I. Varadaraj returned to the Police Station. On the basis of the contents of the statement of injured Prakash, Crime No. 14/88 was registered against the appellants Nos.l to 7 for commission of offences punishable under Sections 302, 324 read with Section 34, IPC. On the basis of said FIR, P.S.I. Varadaraj commenced the investigation. He recorded statements of those person who were found to be conversant with the facts of the case. He prepared a spot mahazar and submitted the FIR to his superior officer Mr. Mahadev Naik, who was then Deputy Superintendent of Police. Mr. Mahadev Naik also took part in the investigation of the case and mobilized the police force for maintaining public peace, as there was as apprehension of disturbance of public order. On the next day, i.e., on January 14,1988, the Deputy Superintendent of Police visited the hospital and recorded the statement of injured Purushotham, Prakash and Nallakumar. He also made necessary arrangements for sending the dead bodies of the deceased for Post-Mortem examination. On the same day, the Deputy Superintendent of Police directed Mr. Patil, who was then P.S.I, of Kote Police Station, to register a case against the appellants. Accordingly Mr. Patil also registered a case as Crime No.8/88 it Kote Police Station against the appellants Nos.1 to 7 and arrested them. On January 16, 1988 the Investigating Officer visited the Police Station at Doddapet and conducted search in the presence of independent witnesses. At that time he noticed two cars parked in the compound of the Police Station and found three service lottis kept below the cars. The same were seized under a mahazar. Thereafter the sketch of the Police Station was got prepared through an engineer. Other incriminating articles were also seized. After obtaining necessary reports including the Post-Mortem reports, the Forensic Science Laboratory report, etc. charge-sheet was filed initially against appellants Nos.l to 7.;