Decided on April 26,2012

Jagdish Singh Tanwal Appellant


- (1.) In the instant case, two complaints were filed. In the first complaint, injured Pramod Kumar's name was missing. It was lodged at the behest of Bahadur Ram Tamta, who happened to be uncle of deceased Dayal Kumar s/o Anand Prasad r/o village Kaligad, District Bageshwar. The occurrence took place on 20.03.2008 at Kafligair and FIR was lodged on the same day at 7:10 p.m. The distance between place of occurrence and P.S. Kotwali Bageshwar was 35 Kms and hence there appeared to be no delay in lodging FIR (Ext.Ka-7).
(2.) It was written in the first complaint that Dayal Kumar s/o Anand Prasad died because of beating by police. Dayal Kumar had been to Kafligair on 20.03.2008. Drunken policemen beat Dayal Kumar so much that the same resulted into his death. Police administration of P.S. Jhiroli was responsible for the same. Dayal Kumar was a member of Scheduled Caste Community. Dayal Kumar's father was an ex-serviceman who fought Bangladesh war and was 80 percent disabled.
(3.) Second complaint was lodged by injured Pramod Kumar. He gave a complaint (Ext.Ka-25) in writing on 22.03.2008. According to him, when he along with victim Dayal Kumar Tamta reached Kafligair at around 2-2 p.m. then Harish Singh Adhikari follower gave him a slap on his face. ('follower' is a word generally used for a class iv employee of the police department who prepares meals for the police personnel in police station or police line). 3-4 policemen beat him with lathis. Victim Dayal Kumar intervened. Harish Singh Adhikari was in a drunken state. Pramod Kumar fled away. Policemen caught hold of Dayal Kumar. They started beating him and took him to police station. They wanted to eliminate them but Pramod Kumar ran away and saw that policemen were beating Dayal Kumar. Pramod Kumar ran away towards jungle. Pramod Kumar's father was searching for him in the jungles of Binsar. Policemen were using caste remarks. Policemen were saying that they will be administered poison. Pramod sensed threat to his life and therefore, wrote a letter for his security. He came back to his village on 22.03.2008.;

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