To establish liability under Section 304-A IPC, a direct causal link between a negligent act and the death must be proven, which was absent as the death was determined to be suicide.

JUDGMENT :

Bibhu Datta Guru, J.

1. In total, there were three accused persons, who are the police personnel, including the present appellants. However, during the trial, one of the accused namely; V.K. Mishra died and the proceedings against him stood abated before the Trial Court.

2. It is reported that during pendency of this appeal, Appellant No. 1 Rajendra Prasad Mishra died. Accordingly, the appeal filed in his respect is dismissed as abated. Now, the present appeal is only being considered for Appellant No. 2- Rohini Prasad.

3. It is also necessary to mention here that during pendency of this appeal, the Complainant/respondent No. 2 also died.

4. Challenge in this appeal is to the judgment of conviction and order of sentence dated 22/09/2016 passed by the learned Additional Sessions Judge (Atrocity), Rajnandgaon, in Sessions Trial No. 130/2004, whereby the appellant has been convicted under Section 304-A IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, with default stipulation.

5. The deceased, Satudas, brother of the complainant Haridas (PW-1), was found hanging by a rope inside the lock-up of Ghumka Police Station, resulting in his death. A magisterial inquiry was ordered by the Government, but no action was taken against the accused persons. Consequently, the complainant filed a complaint before the competent court against the police officials, on the basis of which offences under Sections 302, 331, and 306 IPC were registered against them.

As per the complaint, on 08.05.1986, Haridas, Patel of village Dhaurabhantha, alleged that the accused were police personnel posted at Ghumka Police Station. On 17.11.1985, the accused persons namely; V.K. Mishra (Thana Incharge) (died during trial), Rajendra Prasad Mishra (died during pendency of this appeal) and the appellant herein Rohini Prasad, Thana Moharir and others visited the village Mahroomhkurd on the information of the Sarpanch to investigate a theft. They searched the house of Satudas (since deceased), the complainant’s younger brother. Although nothing incriminating was found in the house, a table fan and a box were recovered from the farmyard at the instance of the Sarpanch. The box and its contents were attributed to Satudas, and Rs. 2,500/- were retained by the accused. Thereafter, accused V.K. Mishra attempted to search another house of deceased, but he fled and went into hiding. The accused police personnel retained the seized property and compelled the complainant to sign a duplicate record under threats. Fearing false implication and custodial violence, Satudas applied for anticipatory bail, which was listed for hearing on 22.11.1985. However, on the intervening night of 21.11.1985, accused Rajendra Prasad Mishra, along with other police personnel, forcibly entered the complainant’s house around midnight, handcuffed Satudas, and took him to Ghumka Police Station without informing the complainant. On the way and at the police station, Satudas was assaulted by the accused persons, including being slapped, pulled by the hair, and beaten with shoes, while being interrogated about the theft. He was then detained in the lock-up and allegedly subjected to continuous torture for one to two hours. On the following morning, the accused persons warned him that even if he died, they would manipulate records to conceal the truth. During the hearing of his anticipatory bail on 22.11.1985, the police falsely reported to the court that no case was registered against Satudas