The main legal point established in the judgment is that the evidence pointed towards a homicidal death, leading to the possibility of charging the police officers and the doctor for homicide and abetment of suicide.

JUDGMENT :

T.V. NALAWADE, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. One Suman Kale, a lady aged about 50 years of Pardhi, tribal community, died while in custody of Police. All the proceedings are in respect of death of Suman Kale. Petitioner No. 1 and 2 from Criminal Writ Petition No. 1658 of 2015 are the son and the real brother of deceased Suman respectively and Criminal Writ Petition No. 363 of 2008 is also filed by them. This Court is mentioning as to who has filed other proceedings and for what purposes.

3. In prayer clauses (C) and (D) of Criminal Writ Petition No. 1658 of 2015, the petitioners have claimed reliefs like quashing and setting aside order of the State Government, by which, sanction is refused to prosecute the Police Officers for the offences punishable under Sections 306, 120-B, etc. of Indian Penal Code (“IPC”). The interim relief was claimed to see that Sessions Case is kept pending till Criminal Writ Petition No. 1658 of 2015 is decided. It appears that interim relief was granted and due to that Sessions Case No. 184 of 2013 is still pending in the Court of Sessions Judge, Ahmednagar.

4. In Criminal Writ Petition No. 363 of 2008, reliefs are claimed like, giving directions to see that crime is registered for the offence committed by Police and others under Section 302 of IPC. The prayer is also made to transfer the investigation to Central Bureau of Investigation (“CBI”), as Central Investigation Department (“CID”) had filed chargesheet for the offence punishable under Section 306 of IPC. A compensation of Rs.3,00,000/- (Rs. Three Lakh only) is claimed in respect of custodial death of Suman.

5. The charge-sheet is filed by CID (Deputy Superintendent of State CID) for the offences punishable under Sections 306, 330, 331, 341, 343, 201, 109, 166, 193 read with Section 34 and 120-B of IPC. The charge-sheet is filed against seven Police Officers and one private doctor. In the charge-sheet allegations are made that on 12-05-2007, Local Crime Branch, Ahmednagar and Police of Kotwali Police Station, Ahmednagar, illegally picked-up deceased Suman from her residential place situated at Burudgaon, tahsil Ahmednagar, at about 12.30 p.m. It is also alleged that mobile handset of Suman having SIM No. 9860351639 was taken by Police with them, and after that, she was illegally detained at the places like Kotwali Police Station, LCB Office situated in the building of office of District Superintendent of Police Ahmednagar, Government Rest House, Jamkhed, tahsil Jamkhed and Deepak Hospital, Ahmednagar till 16-05-2007.

6. There is allegation in the charge-sheet that no record of arrest of Suman was prepared by the Police and on aforesaid places Suman was tortured both physically and mentally to extract some information from her in respect of Crime No. 261 of 2006, which was registered in Shrirampur Police Station, District Ahmednagar for the offence punishable under Section 395 of IPC. Suman was not made accused in the said crime. On the basis of statement of One Smt. Astari, Police wanted to extract information from Suman in respect of stolen property and they felt that gold weighing One Kilogram, which was from that case, was in possession of Suman.

7. There are allegations against Police Officers that in between 12-05-2007 and 14-05-2007 Suman was assaulted, serious injuries were caused to her both external and internal, and ultimately, she become unconscious on 14-05-2007 and then She was shifted to private Hospital of Dr. Sidhavaram Deepak Subramanyam (accused No.7) on 14-05-2007. There are allegations that to screen the offence committed by Police and Doctor from Deepak Hospital, false record was created in respect of injuries and treatment. It is fact, which is on record that Suman died in Deepak Hospital on 16-05-2007, which is of accused No. 7. In the charge-sheet, allegations are made that due to torture of Police, other accused from the case, Suman consumed pois