VIJENDER JAIN, CJ. - (1.) THE dicta of Hon'ble the Apex Court in Munshi Singh Gautam (Dead) and Others v. State of M.P., 2005(1) RCR(Criminal) 361 : 2005(1) Apex Criminal 202 : (2005) 9 Supreme Court Cases 631 should have sounded as alarm bell and forewarned the functionaries of the State in whose custody under-trial or convict is done to death.
(2.) IN the present case, Kewal Singh was facing trial in case FIR No. 27 dated 5.4.2007 registered at Police Station Sadar, Moga under Sections 382, 506,148, 149 IPC and he was also arrested in FIR No. 34 dated 12.4.2007 registered at Police Station Sadar, Moga under Sections 307, 324, 323, 382, 341 and 506 IPC read with Section 34 IPC. In the first case, arrest of Kewal Singh was effected by the police on 14.4.2007. He was produced in the Court on 15.4.2007 and was remanded to police custody. On 15.4.2007, his arrest was also effected in second case. On 15.4.2007 he was medicolegally examined and at that time, as per the endorsement of the doctor, there was no fresh mark of any external injury on any part of the body of Kewal Singh. On 16.4.2007, he was again produced before the learned Illaqa Magistrate and he was remanded to judicial custody. His medical report on examination remained the same. In judicial custody he was lodged in Sub Jail, Moga, from where on the morning of 20.4.2007, he was shifted to Central Jail, Ferozepur on administrative grounds. In the evening of 20.4.2007, Kewal Singh died in judicial custody. Post mortem of Kewal Singh was conducted and following 13 injuries were found on his person :- 1. Contusion 5 cm X 2cm with swelling underlying 15 cm X 7 cm on the forehead in the middle upper part reddish in colour; 2. Swelling head in left parietal region 8 cm X 4 cm just above the left ear; 3. Lacerated wound 3.5 cm X 7.5 cm on outer side of base of index finger of right hand; 4. Lacerated wound 5 cm X 1 cm in web space between thumb and index finger of right hand; 5. Swelling 14 cm X 12 cm with overlying reddish contusion 11 cm X 4 CM on right elbow dorsally; 6. Diffuse swelling over right shoulder and upper part of right arm with overlying reddish contusion 17 cm X 11 cm; 7. Bluish black contusion 15 cm X 13 cm on the outer and lower part of the right side of chest; 8. Bluish black contusion 12 cm X 3 cm X 4 cm above the injury No.7; 9. Bluish black contusion 1-1/2 cm X 1-1/2 cm in the middle of lumber spine; 10. Reddish blue contusion 34 cm X 2-1/2 cm on the upper part of the back in scapular and inter scapular region; 11. Bluish black 1-1/2 cm X 1 cm contusion on the inner side of right arm in middle; 12. Abrasion 3.5 cm X 1 cm reddish brown on anterior surface of right leg; AND 13. Reddish brown abrasion 5 cm X 2 cm on antero lateral of leg just below the right knee".
(3.) THE matter was reported in the newspaper Times of India on 22.4.2007. Learned Single Judge of this Court ordered an enquiry by the Incharge Sessions Judge, Ferozepur. The story put up by the Jail Authorities as mentioned in the report of Incharge Sessions Judge is as under :- "In the evening at about 6 p.m., when he (deceased) along with others were taken out of the Cell for the purpose of taking bath, he was stated to have got violent and started running towards the side of other wards and was also stated to have jumped from one wall to another and went on the roof of the adjoining building of the jail from where he jumped in the other compound. From that he was again stated to have jumped upon another wall from where he jumped down and was taken in custody by those on duty nearby. In that process he was stated to have sustained injury on his hand. Pharmacist of the jail was called who gave him two injections and dressed of his wound on his hand. Thereafter, after about half an hour his condition became critical. Pharmacist was again called, who removed him to Civil Hospital, Ferozepur where he was declared 'brought dead". ;