- (1.) The case in hand is a chequered story and the prosecution case unfolds a pathetic chilling and sinister phenomenon whereby the life of a person was eliminated from this worldly scene and consigned to the heavenly abode by putting an end to his innocent life simply in a bid to exercise the powers of Police officials misused by them on the people in custody. The appellants before us are four Police officers of the rank of SHO and constables named Raju singh, Rajesh Kailash and Khem singh who have preferred their respective appeals against the judgment and order dated 20.12.2003 passed by learned Special Judge, SC & ST (Prevention of Atrocities) Court, Jhalawar in Sessions case No. 32/2003 (78/2001, 18/2000 & 4/2000), whereby they were convicted for the offences punishable under Section 302/331/348/201 alternatively under Sections 302/331/348/201 read with Section 34 of the IPC and were sentenced as under: i) For the offence under Section 302/302 read with Section 34 of the IPC with imprisonment for life and a fine of Rs. 500/- in default whereof to further undergo three months' simple imprisonment; ii) For the offence punishable under Section 331/331 read with Section 34 of the IPC with simple imprisonment for three years? and a fine of Rs. 200/- in default whereof to further undergo simple imprisonment for two months?; iii) For the offence punishable under Section 348/348 read with Section 34 of the IPC with simple imprisonment for one year and a fine of Rs. 100/- in default whereof to further undergo one month?s simple imprisonment; and iv) For the offence punishable under Section 201/201 read with Section 34 of the IPC with simple imprisonment for two years and a fine of Rs. 200/-in default whereof to further undergo two months? simple imprisonment. Benefit of Section 428 Cr.P.C. had also been granted to all the four convicts.
(2.) The facts as culled out by the prosecution are that on 11.5.99 at about 9.45 P.M., PW-10 Sh. Kalu Ram Rawat, the then Circle Officer, Bhawani Mandi submitted a written report Ex.P/11 at police station Gangdhar to the effect that he had received a complaint from the then Superintendent of Police, Jhalawar. The facts mentioned in the complaint were that the accused Raju Singh, the then SHO of P.S. Gangdhar alongwith his five police employees had illegally detained and beaten three persons namely Radhey Shyam, Balu and Lalu for interrogation for an offence of theft and that one of the three named Radhey Shyam Darji died during the intervening night of 6th & 7th of May at about 3.00 AM at police Station itself whose dead body was burnt at an unknown place on the same night.
(3.) Further that thereafter the other two persons namely PW-1 Balu and PW-11 Lalu were allowed to go on 8.5.1999. As per PW-10 Kalu Ram Rawat, Dy. S.P., he verified the facts of the complaint and found that on the directions of accused Raju Singh, the then SHO, his three constables Dilip singh No. 665, PW-7 Tola Ram No. 481 and PW-9 Rajesh No. 222 had gone to Shahjahanpur (M.P.) to bring the suspects and Radhey Shyam Darji (deceased), PW-1 Balu and PW-11 Lalu Chamaar were brought to Police Station Gangdhar in the evening of 5.5.99.;