JAGDISH SINGH TANWAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Jagdish Singh Tanwal
STATE OF UTTARAKHAND
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(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
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