- (1.) G. K. Mathnr, J. The State of U. P. has preferred' this appeal against the judgment and order dated 19-11-1979 passed by the Additional Sessions Judge, Aligarh, in Sessions Trial No. 177 of 1979 acquitting all the accused persons of the charges levelled against them.
(2.) THE death of Khub Singh son of Yad Ram Singh resident of village Komari, P. S. Sasni, district Aligarh, on 23rd of June, 1977, while on police custody of P. S. Sasni gave rise to the prosecution of Ram Singh, Station Officer, S. I. Chandrapal Singh and eight other police personnel of P. S. Sasni. According to the prosecution case, they had arrested Khub Singh from his house at about 9 p. m. on 22nd of June, 1977 as a suspect of Crime Case No. 148 registered on 22nd of June, at 8. 15 a. m. on the report of one Suresh Singh of village Nagla Kishore, P. S. Sasni against unknown persons for an offence punishable under Section 458, I. P. C. (Ex. Ka-14 ). THE Crime was, however, converted for the offience of dacoity punishable under Section 395, I. P. C. after the arrest of one Birbal by Illam Singh, Station Officer, at 7. 20 p. m. on 22-6-1977. Copy of the General Diary is Ex. [para-15. ] The prosecution case in brief is that the accused persons after arrest ing Khub Singh forcibly made him to sit in a truck after beating in spite of protest by him and his uncle Kishan Singh (P. W. 1 ). It is alleged that after about half an hour of the departure of the police party viz. at about 9. 30 p. m. Kishan Singh (P. W. 1), Guman Singh (P. W. 2), Gulab Singh (P. W. 6 ). Mahavir Singh, Pooran Singh Pradhan and Rampal Singh left on cycles for police station Sasni and reached the police station at 12. 00 in the night. The police station is about six miles away from their village Komari. They alleged that the arresting police party had not reached the police station by that time and so they waited for them at the police station. It is alleged that the truck of the arresting police party arrived at about 2 p. m from which Mhub Singh and five other suspects in custody came down. According to the prosecution case, the effort made|by Kishan Singh (P. W. 1) to get the release of Khub Singh remained futile. It is further alleged that after about half an hour Kishan Singh and his companions heard the shrieks of Khub Singh and on entering inside the police station they saw S. I. Chandrapal Singh and S. O. Ram Singh as well as some constables torturing Khub Singh by the process known as Belan Chandana" and when they implored them got to do so, S. I. Chandra Pal Singh got them pushed out from the police station. After some time when the shrieks of Khub Singh were no more heard and it become quietat the police station, Kishan Singh and his companions claimed to have retired to a verandah of the school building situate adjacent to the police station. In the morning again they requested S. I. Chandrapal Singh to release Khub Singh, but he told them that Khub Singh had been despatched from the police station aid that they need not worry for him. It is alleged that Kishan Singh and others did not believe it because no one had been seen going out of the police station by then and therefore they did not move out from there. According to the prosecu tion Kishan Singh and his companions peeped into a jeep which came out from the police station at about 9 a. m. but did not find Khub Singh therein. How ever, one of the suspects present in the jeep shouted that Khub Singh had been killed and that his dead body was lying inside the police station. It is alleged that Kishan Singh then gave telegrams at about 11. 30 a. m. to the District Magistrate and the Senior Superintendent of Police, Aligarh, to the effect that the police of Sasni had killed Khub Singh inside the police station. It is also alleged that on hearing the news about the death of Khub Singh a crowd had surrounded the police station. The case of the prosecution is that at about 12. 30 p. m. oa 23rd of June, 1977 when the Circle Officer came to the police statipn, Kishan Singh (P. W. 1), Guman Singh (P. W. 2), Gulab Singh (P. W. 6) and their other companions went inside the police station and saw the dead body of Khub Singh kept on a coat in a room which stool filled in his mouth and some stool kept in a plate nearby. They also claimed to have been blood-stains on the flpor and the walls of the roof.
(3.) P. W. 7 Devendra Kumar Tomar, the then Tehsildar Executive Magistrate, Aligarh, who had also reached at the police station, under the orders of the A. D. M. city started inquest on the dead body of Khub Singh at 3 p. m. and concluded it at 6. 20 p. m. It is marked as Ex. Ka-12. The District Magistrate Aligarh and the S. S. PI. Aligarh reached Police Station Sasni at 4. 40 p. m. which fact is noted in the general diary. Copy of which is Ex. Ka-20. The S. S. P. Aligarh entertained a written report of Kishan Singh (Ex. Ka-1) and ordered for the registration of the case. The case was registered at 6 p. m. as Crime No. 156 for the offence punishable under Section 302, I. P. C. Onkar Singh (P. W. 9), who was the Constable clerk, prepared a check report (Ex. Ka-24) and made the corresponding general diary entry at serial No, 24, a copy of which is marked as Ex. Ka-25. The sealed deadbody of Khub Singh along with papers was sent for post-mortem examination through Constable Dhan Pal Singh (P. W. 3 ). Dr. S. K. Saxena, Medical Officer, District Hospital Aligarh, (P. W. 4), conducted the post-mortem examination on the dead body of Khub Singh at 11 p. m. on 23rd June, 1977. According to him, the deceased was 56 years of age. He found the following ante-mortem injuries on the dead body : 1. Three abrasions on left fore-head in an area of 2" x 1-1/4" abrasions varied from x1/10" to "x2/10". 2. Contusion 1 x " on prominance of right cheek, 3. Confusion "x 1/2" on the back of outer part on right shoulder. 4. Contusion I/2" X 1/4" on top of left shoulder. 5. Abrasion 1/2"x 1/10" on the back of outer part of right elbow. 6. Contusion 1/2"x1/2" on the proximal inter phalangeal part posterior aspect left little finger.;