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2011 (4) Supreme 197
SUPREME COURT OF INDIA
Markandey Katju and Gyan Sudha Misra, JJ.
Prakash Kadam & etc. etc. — Appellants
versus
Ramprasad Vishwanath Gupta & Anr. — Respondents
Criminal Appeal Nos.1174-1178_of 2011
[Arising out of SLP((Criminal) Nos. 3865-69 of 2011]
Decided on : 13-5-2011
(b) Code of Criminal Procedure, 1973 – Section 439 – The police officers and staff were engaged as contract killers to finish some person – It cannot be ruled out that they may kill the important witnesses or their relatives or give threats to them at the time of trial of the case to save themselves – Bail should not have been granted – Cancellation of bail by High Court perfectly justified. (Paras 23, 24)
Criminal Appeal Nos.2047-2049 decided on 25.10.2010 – Relied upon
(c) Indian Penal Code, 1860 – Section 302 – Where a fake encounter is proved against policemen in a trial, they must be given death sentence, treating it as the rarest of rare cases. (Para 25)
Facts of the case:
1. The appellants are policemen accused of a contract killing.
2. The appellants have been charge-sheeted for offences punishable under Sections 302/34,120-B, 364/34 IPC and other minor offences. The victim of the offence is deceased Ramnaryan Gupta @ Lakhanbhaiyya.
3. The prosecution case is that the appellants were engaged as contract killers by a private person to eliminate the deceased.
4. The High Court cancelled the bail granted by the Sessions court.
Finding of the Court:
There is no infirmity in the impugned judgment
Result : Appeal dismissed.
JUDGMENT
Markandey Katju, J. —
A curse shall light upon the limbs of men; Domestic fury and fierce civil strife Shall cumber all the parts of Italy; Blood and destruction shall be so in use And dreadful objects so familiar That mothers shall but smile when they behold Their infants quarter’d with the hands of war; All pity choked with custom of fell deeds: And Caesar’s spirit, ranging for revenge, With Ate by his side come hot from hell, Shall in these confines with a monarch’s voice Cry “Havoc!” and let slip the dogs of war; That this foul deed shall smell above the earth With carrion mean, groaning for burial. — (Shakespeare: Julius Caesar Act 3 Scene 1)
1. Leave granted. Heard learned counsel for the appellants and perused the record.
2. This case reveals to what grisly depths our society has descended.
3. This appeal has been filed against the impugned judgment and order dated 21.1.2011 passed by the High Court of Judicaure at Bombay in Criminal Application Nos. 5283-5285 and 5303-5304 of 2010 by which the High Court has cancelled the bail granted to the appellants by the Sessions Court.
4. The appellants are policemen accused of a contract killing in Sessions Case No. 317/2010 which is pending before the Sessions Judge, Greater Bombay. The appellants have been charge-sheeted for offences punishable under Sections 302/34,120-B, 364/34 IPC and other minor offences. The victim of the offence is deceased Ramnaryan Gupta @ Lakhanbhaiyya. The prosecution case is that the appellants were engaged as contract killers by a private person to eliminate the deceased.
5. The case of the prosecution in brief is that the deceased Ramnarayan Gupta and the accused No. 14, Janardan Bhange were, once upon a time, very close to each other. Both of them had been working as estate agents and, mainly their business was to purchase land from the farmers whose land has been acquired by the Government under the Land Acquisition Act and to whom 12 percent of the land was given by the Government. This 12 percent of the land was being purchased at meager price by the deceased and accused No. 14, Janardan Bhange and was being sold on premium at later stage. During the course of that business, both of them had been exchanging the files pending with them for disposal pertaining to the said land.
6. There were some differences between the deceased Ramnarayan Gupta and accused No. 14, Janardan and hence it is alleged that the accused Janardan decided to eliminate the deceased in a false police encounter. Hence, he hired the services of the accused, and in pursuance of the said conspiracy the deceased Ramnarayan Gupta and his friend Anil Bheda were abducted on 11.11.2006 from near a shop named Trisha Collections at Vashi, New Bombay by 4 or 5 well-built persons who appeared to be policemen and were forcibly bundled into a Qualis car. The complainant, brother of the deceased, sent telegrams and fax messages to different authorities complaining that the said two persons had been abducted by some persons who appeared to be policemen and were in danger of losing their lives.
7. It is alleged that at Bhandup Complex the deceased was shifted to an Innova vehicle. The deceased and witness Anil Bheda were taken to D.N. Nagar police station in two separate vehicles i.e. one Qualis and the other Innova. It is alleged that the deceased was killed and his dead body was thrown near Nana-Nani Park at Versova. The dead body, after some time, was collected from the said place by the police to create a false case of police encounter. A case vide C.R. No. 302/2006 was registered on 11.11.2006 at Versova Police Station against deceased Ramnarayan Gupta on the complaint made by accused No. 9. In the said FIR it was shown that accused No. 9 and other police officers had gone to Nana-Nani Park on the basis of certain information and that the deceased was asked to surrender before the police. Instead of surrendering before the police, the deceased had attempted to kill the polic
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