Back
2019 Supreme(Bom) 1000
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
T.V. Nalawade, K.K. Sonawane, JJ.
Pushpa - Appellant
Vs.
State of Maharashtra - Respondent
Criminal Writ Petition No. 823 of 2018
Decided On : 10-06-2019
K.A. Ingle, Adv., D.S. Jape, Adv.
The main legal point established is the requirement for a thorough and independent investigation in cases of custodial deaths, as well as the importance of following the guidelines set by the Supreme Court.
Headnote:
Crime Registration - Custodial Death - Indian Penal Code - Sections 457, 380 - Summary
Fact of the Case:
The petitioner sought direction to register a crime against police officers for the death of her son in custody. The police claimed it was a suicide, but the petitioner alleged torture by the police officers.
Finding of the Court:
The court found suspicious circumstances surrounding the death, including injuries on the body and lack of proper investigation. It held that the police did not follow the guidelines set by the Supreme Court in the case of Shri. D. K. Basu Ashok K. Johir Vs. State of West Bengal, State of Uttar Pradesh.
Issues: The main issues were the cause of the deceased's death, the conduct of the police officers, and the failure to follow proper investigation procedures.
Ratio Decidendi: The court emphasized the need for a thorough and independent investigation by experienced police officers of higher rank, as well as the importance of following the guidelines set by the Supreme Court.
Final Decision: The petition was allowed, and the court directed the registration of a crime based on the petitioner's report. It also ordered the investigation to be conducted by an experienced police officer of the rank of Deputy Superintendent of Police.
JUDGMENT :
T.V. Nalwade, J.
Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
2. The proceeding is filed for direction to register crime against the police officers of the Newasa Police Station as the son of the petitioner died in the custody of these police officers. She has already given report in that regard, but no crime is registered.
3. The deceased Amol Pimple was the son of the petitioner. He was married and was having two issues from the first wife. He had married second wife and second wife was pregnant at the relevant time. On 18.08.2017, the deceased was arrested by Newasa Police Station in Crime No. 273 of 2017 which was registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. This crime was registered on 30.05.2017. The deceased was arrested on suspicion. On 19.08.2017, the deceased was produced first time before the Judicial Magistrate First Class Newasa for police custody and police custody was granted against him till 22.08.2017. On 22.08.2017, the deceased was again produced before the learned Judicial Magistrate First Class for extension of PCR and PCR came to be extended till 24.08.2017.
4. Amol died in the police lock up of Newasa Police Station on 23.08.2017. It is contention of the petitioner that the deceased died due to the torture given by the police officers of the Newasa police and that was done in the police station.
5. A.D. No. 87/2017 was registered on the basis of report given by police officer and after registration of the A.D, information was supplied to the relatives of the deceased including the mother. It is contention of the petitioner that she was not called for the enquiry of the A.D. It is contention that on 24.08.2017, she expressed suspicion that her son had died due to torture and she had requested for making investigation but no cognizance of that complaint is taken. It is contended that action needs to be taken against the concerned officers as deceased died while he was in their custody. She approached this Court by filing present Writ Petition on 21.06.2018. The deceased was a labourer and he was only earning member of the family. There are at lest five persons in the family.
6. In reply-affidavit of respondent No.2, police officers, it is contended that he was entrusted with enquiry of the A.D. and after completing enquiry he has submitted report to the Superintendent of C.R.D. Nashik. It is contended that learned J.M.F.C has also completed the enquiry and that report is considered by him. It is contended that the enquiry report prepared by him will be considered by the officers of the rank of Inspector General and further steps will be taken.
7. It is contention of the police officers of said police station that at 5.30 a.m of 23.08.2017, the deceased committed suicide by hanging himself in the police lock up and for that two towels supplied in the lock up were used by him. In enquiry report, there is reproduction of the contents of the post mortem including cause of death and it is as under :-
Department of Forensic Medicine And Toxicology
GOVT. MEDICAL COLLEGE AND HOSPITAL, AURANGABAD
PROVISIONAL POSTMORTEM REPORT CUM MEDICAL CERTIFICATE OF CAUSE OF DEATH
Hereby certify that, the deceased whose particulars are given below has been died (As per police inquest) on dated 23August/ 17 at 04.00 hours at place Body was declared brought dead by Rural Hospital, Nevasa Dist Ahmednagar, and body was sent for Postmortem examination to GMCH Auragnabad. Post mortem examination conducted on body of deceased person as
Name of deceased : Amol @ Santosh Ishwar Pimpale
(B) EXTERNAL INJURIES :
(1) Ligature mark in the form of faint pressure abrasion over the neck running obliquely upward and backwards, extending from right lateral part of neck to left mastoid level, at and above the level of thyroid cartilage, it is faint brownsh
