( 1 ) ON the fateful night, intervening 13/10/1981 and 14/10/1981, the uncivilised method of interrogation of a suspect took its toll and a fatal blow was inflicted on human dignity when custodial violence claimed yet another victim Nathu Banjara. But for the vigilance of some members of the Bar of Rampura and the loud protestations of some of the residents of the village the crime could have gone unnoticed and unpunished.

( 2 ) ACCORDING to the prosecution case on 13/10/1981 Respondent 4 Rajaram, Head Constable and Respondent 5 Ganniuddin, Constable brought one Nathu Banjara of Village Dhabala Deval to Police Station Rampura for interrogation as a suspect in a murder case. At the police station Respondent 1 Shyam Sunder Trivedi, Sub-Inspector, Respondent 3 Ram Naresh Shukia, Head Constable, along with Respondents 4 and 5 gave beating to Nathu Banjara and tortured him with the intention of extracting a confession of guilt from him in connection with the murder of one Harijan woman of Village Singharia Piparia. As a result of the extensive injuries caused to Nathu, he died in police custody at the Police Station Rampura. At about 2. 00 p. m. on 14/10/1981, the dead body of the deceased Nathu was removed in a jeep, belonging to the Fisheries Department, Rampura to the hospital for post-mortem examination with the ultimate object of cremating the deceased, as an "unclaimed body", for which Respondent 1 had already initiated some steps. Some residents of the village including some members of the Bar of Rampura who had come to know about the torture of Nathu at the police station, kept a watch over the police station and on noticing the removal of the dead body of Nathu in the jeep, they followed the jeep and reached the hospital. The dead body was removed to the mortuary. The members of the Bar and others requested Dr Naraindas Neema Public Witness 22 not to perform the autopsy till the arrival of higher authorities. Naib Tehsildar Rathore Public Witness 10who arrived at the hospital in the meanwhile got the mortuary locked and sealed at the insistence of the protestors. On telephonic information given to the District Magistrate about the protests at the hospital and the gathering of a large crowd, the Superintendent of Police and the Additional District Magistrate Public Witness 20 reached the hospital in the evening. A written report Ex. P/l signed by some of the residents of Rampura was given to the District Magistrate who ordered the holding of a Magisterial enquiry into the matter. Shri Bhat Public Witness 20, the Additional District Magistrate was appointed as the Enquiry Officer. He commenced an enquiry immediately and prepared the panchnama Ex. P/22 of the dead body and sent it for post-mortem examination vide requisition memo Ex. P/6, which was also signed by Respondent 1 Shyam Sunder Trivedi. The post-mortem examination was conducted by Dr Mehta Public Witness 7. The doctor in the post-mortem report, Ex. P-7, noticed the following multiple injuries on the deceased:

1. Irregular reddish blue contusion of 3 cm x 2 cm on the right lower eyelid zygomatic area of right side of face.

2. There are two contusions of reddish blue in (torn) oblique and parallel from outer to inner border of middle of left scapula upper 8 cm x 4 cm, lower 6 cm x 3 cm.

3. There are multiple reddish blue contusions imposed on each other in all directions in the area of 5 to 8 cm on lower aspect of back of left side of chest.

4. There are multiple reddish blue contusions imposed on each other of variable shapes, sizes and directions in the area of 7 cm x 10 cm area of middle of right scapula to lower part of back of right side of chest.

5. Oblique reddish blue contusion from lower part of chest to lumbar on right side verticle 10 cm x 2 cm.

6. Two cross reddish blue contusions of 4 cm x 2 cm size in the left lumbar area on the back.

7. There are four reddish blue contusions of variable length from 4 cm to 6 cm x 2 cm size on outer aspect of left should