JUDGMENT

Surinder Singh Nijjar, J.

1. These appeals have been filed against the judgment of the High Court of Judicature of Madhya Pradesh in Criminal Appeal No. 79 of 1990 whereby the High Court accepted the appeal of the State of Madhya Pradesh and convicted the Appellants herein for an offence under Section 304 Part II and sentenced them to five years R.I. and fine of Rs. 5,000/- each and further convicted the Appellants under Section 330 IPC and sentenced them to three years R.I. In so doing, the High Court reversed the judgment of the trial court in Sessions Case No. 8 of 1988 dated 7th March, 1989 whereby the Appellants were acquitted of all the offences under Section, 343 , 330 and 304 Part II IPC.

2. At that relevant time, all the Appellants were police officers and posted at Police Station Indar, District Shivpuri. Anil Kumar Kushwaha, Appellant in Criminal Appeal No. 584 of 2003 was posted as the Station House Officer of the aforesaid Police Station. Ram Ujagar, Appellant in Criminal Appeal No. 583 of 2003 was posted as Head Constable. Nathuram, Appellant in Criminal Appeal No. 582 of 2003 was also posted as Head Constable. Haricharan and Mazid Hussain, Appellants in Criminal Appeal No. 581 of 2003 were posted as Constables.

3. Briefly stated the prosecution case, as noticed by the High Court is that Mathura was called to the Police Station through Head Constable Ram Ujagar with regard to the investigation of Crime Case No. 57 of 1983 for offence punishable under Section 457 and 380 IPC. He was interrogated at the Police Station and was confined in the lock up. While he was confined in the lock up, he was subjected to third degree torture. He was given electric shock on his scrotum with the intention to extort the confession for the crime of the alleged theft. As due to the torture and electric shocks, condition of Mathura deteriorated, he was released on 11th October, 1983. According to the prosecution, Mathura was unlawfully detained in the Police Station from 8th October, 1983 till 11th October, 1983. The police had neither made any entry about his detention in the police records nor about his discharge.

4. Mathura was handed over to Takhat Singh, PW1 and Parmal Singh, PW16, who took Mathura to his house. He was looked after by the family members. However, the condition of Mathura worsened on 13th October, 1983. Takhat Singh, PW1 alongwith his brother Amrit Lal sent a private doctor Jagdish Prasad Soni, PW18 for his treatment. On seeing that Mathura was unconscious, Jagdish Prasad Soni advised that he should be immediately taken to hospital at Shivpuri. Takhat Singh, PW1 brought him to Shivpuri by bus. He also intimated Superintendent of Police about the ill-treatment and torture of Mathura by the police personnel at Police Station Indar. He requested the Superintendent of Police to ensure that proper medical treatment is given to Mathura. He also made a request for an enquiry against the police officers at the aforesaid police station. Accepting the request made by Takhat Singh, Superintendent of Police, R.K. Tripathi, PW28 directed Town Inspector, Shivpuri to get the injured Mathura medically examined and to submit his report.

5. PW34, R.P. Upadhyay took Mathura to the District Hospital at Shivpuri. He was first examined by Dr. L.D. Vaswani, PW24. Dr. Vaswani found that Mathura was unconscious but his pulse and breathing was normal. He admitted Mathura in hospital and kept him under observation. On 13th October, 1983 at about 6.10 p.m., condition of Mathura further deteriorated. At that stage, Dr. C.M. Tripathi, PW23, who was on casualty duty also examined Mathura and found Mathura was on the verge of death. He had, therefore, given artificial respiration, oxygen and extra massage to Mathura. In spite of following the aforesaid procedures for about ten minutes, Dr. Tripathi could not revive the heartbeats of Mathura. He was declared dead at 6.20 p.m. in the evening.

6. The Town Inspector was given intimation of the dea