JUDGMENT

K. JAYACHANDRA REDDY, J.:— This is yet another case of death in police custody. There are four appellants. Dalip Singh, A-1 was an S.I. of Police, Rajmal, A-2 was A.S.I., Bikram Singh A-3 and Suraj Bhan, A-4 were the Constables attached to the Police Station Cheeka Guhla in District Kurukshetra. According to the prosecution on 5-9-86 one Kailash was arrested by the police staff, Cheeka and the allegation was that he was involved in a theft of a buffalo on the basis of the complaint given by one Jodha and Jogi. However, he was released on assurance given by Balbir Singh and others. On 8-9-86 they arrested him again and kept him in police lock-up and started beating him. The four accused are stated to have participated in the beating and inflicted a number of injuries on the deceased. On 13-9-86 the Sarpanch Puran Singh, P.W. 5 also came to the police station and in his presence also the deceased was beaten. In spite of the requests made by P.W. 4, Daryao Singh, the father of the deceased and other witnesses the deceased was not released. On 15-9-86 at about 8 a.m. it is alleged that these police personnel threw the injured deceased under a bus to make it appear as an accident. Somebody in the bus shouted that a person has come under the bus. The bus was stopped and the deceased was put in the bus and was taken to the hospital but he was found to be dead. A report was given by P.W. 3 the uncle of the deceased and the investigation was taken up. The post-mortern was conducted by the Doctor, P.W. 1 who found 15 injuries all over the body of the deceased. On internal examination the Doctor found that 3rd to 9th ribs were fractured and haematoma was present in the urethera and liver also was found to be injured with a laceration. The Doctor opined that the deceased died due to shock and haemorrhage on account of injuries on the vital organs namely spleen, liver and testic. The accused pleaded not guilty. A- 1 pleaded that he was not in the police station from 26th August, 1986 to 16th September, 1986 and that he was at Kurukshetra investigating a case.

2. The learned Sessions Judge accepted the prosecution case in all respects but found them guilty only under Sections 323, 324 and 343, I.P.C. and instead of imposing sentence of imprisonment released them on probation on furnishing necessary bonds. The State preferred Criminal Appeal No. 10-DBA of 1988 against the judgment of the learned Sessions Judge questioning the acquittal of the accused of the major charges. Only Dalip Singh one of the convicted accused filed Criminal Misc. Petition No. 7494 of 1988 in the High Court for condonation of 161 days delay in filing the appeal and the same was heard along with the State appeal. A Division Bench of the High Court allowed the State appeal and convicted the four appellants under Section 304, Part I, I.P.C. and sentenced them to undergo 10 R.I. Some of the other minor convictions were also confirmed. Criminal Misc. Petition filed by Dalip Singh, A- 1 for condonation of delay in preferring the appeal was, however, dismissed. Aggrieved by the same the appellants have preferred the present appeal under Section 2(a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act read with Section 379, Cr. P. C.

3. Since this is a regular appeal, we have heard the respective counsel at length and have gone through the evidence of the material witnesses.

4. P.W. 3 Nighaya is the uncle of the deceased Kailash. He deposed that the deceased was taken away by the two officials of police staff, Cheeka and P.W. 4, the father of the deceased also accompanied them. That very day in the evening through the good offices of Balbir Singh, release of the deceased was obtained. On 8-9-86 the deceased was again taken away by a constable of the police staff, Cheeka. At that time, P.W. 4, the father of the deceased accompanied the deceased. When they did not turn up on 9-9-86 P.W. 3 accompanied by Hari Singh, P.W. 8 and one Shookand went to the CIA Staff