G. M. LODHA, J. - (1.) AN indigenous method of detecting the crime and extorting confession by taking law into one's own hand and substituting Panchay-at for police has come to light in this appeal. The accused wanted to detect the criminals of a theft-case, punishing them on the spot, extorting confession, made recoveries and declared that the trial is over, but the rule of law has brought them to trial.
(2.) THE incident happened on January 30, and 31, 1972 when a theft was committed at the residence of Chandkaran. THE suspect was that the theft was committed by Gordhan (PW4), Banney Singh (Pw5), Prabhu (Pw7 ). Ghanshyam, Sarpanch of Panchayat Ora, who happened to be uncle of Chandkaran, called a Panchayat and these above witnesses (PW4, Pvv5 & Pw7) were called as accused for an interrogation in the night between 30th and 31st January, 1972- None of them confessed and they denied the charges. THE indigenous method to torture them was then adopted by putting them in the room in the night and, calling the Panchayat again in the morning, for the whole of the day, the Panchayat conducted interrogation and enquiry, but with no result. It is at this stage that in the second night, the third degree methods were adopted and they did not stop giving fists and kick blows but hanged the suspects after tying them to a tree and beat them. The most crucial and worst of the torturing happened when the fingers of Gordhan (PW4) suspect, were put to fire after covering them by clothes, and pouring kerosene oil. The allegation of the prosecution still goes further that the wife of Gordhan, Mst. Harpyari was hanged and in her private parts, the chilly powder was put, and she was also hanged to the tree. Fortunately, this part of the prosecution was held to be not proved, let us pray that it would never have happened. Kamal, (Pw ll) reported this matter to the police while the incident was going on, and on the information Ramswarup came there he and Kamal then asked the Panchayat people to release the said suspects and to hand over them to the police but, the Panchayat people refused to do so. Ramswarup (Pw l0) then went to the police station and lodged a report (Ex. P. 6 ). In the meanwhile, Brij Mohan (Pw6) during petrolling on February 1, 1972, at about 8 in the morning found that Banneysingh, Gordhan & Prabhu were hanging on the tree, and found Ghanshyam Kindurilal, Guteri and Chandkaran to be there. Even when the persuasion did not succeed then the police force was brought and the said suspects and witnesses (Pw4, Pw5 & Pw7) were got released. On the arrival of the police, these appellants-accused ran away from the spot. After the investigation, the challan was filed and the following injuries were found on the person of the injured, Gordhan, Banneysingh, and Prabhu, and no injury was found on the person of Ratan Lal and Smt. Harpyari-Gordhan (PW 4 ). 1. Slight swelling and tenderness in left ankle and foot. 2. Contusion l"x1/2" over left back on scapular region. 3. Contusion l"x1/2" on right back on scapular region. 4. Second degree burns on fingers and dorsum of left hand. Blisters all over the back side of fingers and adjacent portion of hand. The dermis layer of skin is only partially burnt. 5. Swelling and tenderness over dorsal surface of left hand. 6. Contusion 1/2 'x 1/2"and slight swelling on right forearm on middle one third.
(3.) ABRASIONS at three places on left wrist and two places on right wrist superficial in nature. Prabhu (Pw7) 1. Multiple and intermingled contusions on both the sides of back over scapulas and in the middle of the back in an area of 6"x8". 2. Contusion 3"'x1/2" and 2"x 1/2" on right buttock, 3. Contusion 3"x 1/2" on left buttock. 4. Contusion 1/2"x 1/2"on left forehead. 5. Contusion 1" only breadth over the back of both wrists, 6. Contusion 1/2"x 1/4" on case of left index finger. 7. Complaints of pain both hands, slight swelling is seen on both hands, dorsal side. 8. Bruise 1/2"x 1/4" on right foot. 9. Contusion l"x 1/4" on left foot. Banney Singh (Pw5) 1. Swelling and tenderness on lateral side of right ankle and foot 2. Slight swelling on the outer side of left ankle. 3. Bruise 3"x 1/4" on outer side upper one third left side. 4. Contusion l"x 1/2" over the left tip joint. 5. Five abrasions on the back sizes 2-1/2"x1/2", 2"x1/2", 2"x1", 1"x1/2",1/2"x1/2" 6. Bruise 1/4"x 1/4" behind the right ear. 7. Abrasion lenier x 1/4" on right side of noes. 8. Contusion 1/4"x 1/2" on left wrist. 7. At the contusion of the trial, the appellants-accused were convicted and sentenced as under: Chandkaran & Ghanshyam U/s 326, IPC 5 year's RI with fine of Rs. 1000/- in default 6 months R. I. U/s 331 IPC 2 years' R. I. with fine of Rs. 1000/- in default 6 months R. I. U/s 342, IPC 3 months' R. I. U/s 323, IPC 1 months' R. I. U/s 330/149 IPC 2 year's R. I. with fine of Rs. 500/- in default 3 months R. I. U/s 147, IPC 6 months' R. I. Bhauthi, Raju, Ramnarain, Pratap, Karan, Vishembhar, Dhanphool, Kinduri, Guteri: U/s 147, IPC 6 months R. I. U/s 326/149, IPC 3 years' R. I. with fine of Rs. 1000/-, in default 6 months' R. I. U/s 330 IPC 2 years' R. I. with fine of Rs. 500/-, in default 3 months' R. I. U/s 331/149, IPC 2 years' R. I. with fine of Rs. 1000/- in default 6 months' R. I. U/s 342, IPC 3 months' R. I. U/s 323, IPC 3 months' R. I. All the sentences were ordered to run concurrently. Two accused, namely, Shyama, & Muliya, were acquitted of the charges levelled against them. Shri Shyam Arya and N. L. Tibrewal, the learned counsel for the appellants, have taken me through the entire record of the case and pointed out various infirmities. ;