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2015 Supreme(Del) 3061
IN THE HIGH COURT OF DELHI
INDERMEET KAUR, J.
RAMESH CHAND & ORS. - Appellants
Versus
C.B.I. - Respondent
CRL.A. 1220/2012, CRL.A. 1167/2012, CRL.A. 1423/2012 & Crl. M. (B) No.98/2015, CRL.A. 1066/2012
Decided On : 22.12.2015
For Appellant :Ms. Geeta Luthra, Sr. Advocate with Mr. V.N. Jha, Mr. Sanjeev Sahay and Ms. Divya Soni, Advocates.
For Respondent:Mr. Narender Mann, Spl. P.P. along with Mr. Manoj Pant, Advocate.
The cause of death was shock consequent upon the multiple injuries on the body of the victim caused by some blunt object like lathi but not an iron rod.
Headnote:
JUDGMENT : INDERMEET KAUR, J. 1. These appeals are directed against the impugned judgment and order on sentence dated 09.8.2012 and 18.8.2012 respectively wherein out of the four appellants three of them namely Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand were convicted for the offences punishable under Sections 323/342/304/34 of the IPC as also under Section 218 read with Section 109 of the IPC. The fourth appellant K.K.Arora had been convicted for the substantive offence under Section 218 of the IPC.
Fact of the Case:
On the intervening night of 22-23.8.1986 at about 10.45 p.m. the then SI Satish Kumar Kadian, the then Divisional Officer SI Inder Singh Rana, along with the then Constables Ramesh Chand and Constable Jagmal Singh Yadav, (since expired) posted at police station Patel Nagar had gone to the house of Sudesh Kumar (PW-9) and picked him up while he was sleeping. They started beating him. On hearing his shrieks, his maternal uncle Gopi Ram (deceased) came out. He was also given beatings by the said police officials. Both PW-9 and the deceased Gopi Ram were dragged to the police station where they were again given beatings with a saria and danda. Gopi Ram became unconscious. In the morning of 23.8.1986 Gopi Ram was taken to the Khera Hospital, a private nursing home in Patel Nagar, where he was declared dead. Thereafter the deceased was removed to the RML Hospital where his MLC was prepared by Dr. Y.K. Mishra who declared the victim as brought dead. The record shows that the victim had been brought to the hospital by his nephew Sudesh Kumar (PW-9).
Finding of the Court:
The Trial Judge had relied upon the version of PW-8 to return a finding of conviction qua the appellants Satish Kumar Kadian, Inder Singh Rana and Ramesh for the offence under Section 304 of the IPC.
Issues: Whether the prosecution has established the presence of Constable Ramesh No.1064 (appellant) on the scene of occurrence.
Ratio Decidendi: The Medical Board had applied its independent mind to the injuries which had been noted in the post mortem conducted by Dr.L.T.Ramani on 23.8.1986 which had revealed ten external injuries upon the victim besides the internal damage. The opinion of Dr.L.T.Ramani in this post mortem report dated 23.8.1986 (Ex.PW-29/A) had been relied upon. The observation of the post mortem doctor being that these injuries were all ante mortem and had been caused by a blunt like object. Dr.L.T.Ramani had also noted that a fruity smell was emanating from the stomach content of the deceased. These facts are admitted facts.
Final Decision: The appeals are disposed of in the above terms.
INDERMEET KAUR, J.
1. These appeals are directed against the impugned judgment and order on sentence dated 09.8.2012 and 18.8.2012 respectively wherein out of the four appellants three of them namely Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand were convicted for the offences punishable under Sections 323/342/304/34 of the IPC as also under Section 218 read with Section 109 of the IPC. The fourth appellant K.K.Arora had been convicted for the substantive offence under Section 218 of the IPC. Accused Jagmal Singh Yadav had died during the course of trial and the proceedings stood abated against him. The maximum sentence imposed upon Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand was RI for a period of 10 years. This was for their conviction under Section 304 of the IPC. Each of them had also been sentenced to pay a fine of Rs.25,000/- which was to be paid by way of compensation to Kashmiri Devi, widow of the deceased Gopi Ram. In default of payment of compensation they were to undergo SI for 1 year. For their conviction under Sections 323/342 of the IPC each of them had been sentenced to undergo RI for 1 year for each offence. For their conviction under Section 218 of the IPC read with Section 109 of the IPC each of them had been sentenced to undergo RI for a period of 3 years. Convict K.K.Arora had been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.5000/- in default of payment of fine to undergo 6 months. Sentences were to run concurrently. Benefit of Section 428 of the Cr.P.C. had been granted to the appellants.
2. Nominal rolls of the appellants have been requisitioned which reflects that Satish Kumar Kadian, Inder Singh Rana and Ramesh (presently in judicial custody) have undergone incarceration of almost about 4 years which includes the remissions earned by them. K.K.Arora is on bail. He had not undergone incarceration for any period.
3. The version of the prosecution is that on the intervening night of 22-23.8.1986 at about 10.45 p.m. the then SI Satish Kumar Kadian, the then Divisional Officer SI Inder Singh Rana, along with the then Constables Ramesh Chand and Constable Jagmal Singh Yadav, (since expired) posted at police station Patel Nagar had gone to the house of Sudesh Kumar (PW-9) and picked him up while he was sleeping. They started beating him. On hearing his shrieks, his maternal uncle Gopi Ram (deceased) came out. He was also given beatings by the said police officials. Both PW-9 and the deceased Gopi Ram were dragged to the police station where they were again given beatings with a saria and danda. Gopi Ram became unconscious. In the morning of 23.8.1986 Gopi Ram was taken to the Khera Hospital, a private nursing home in Patel Nagar, where he was declared dead. Thereafter the deceased was removed to the RML Hospital where his MLC was prepared by Dr. Y.K. Mishra who declared the victim as brought dead. The record shows that the victim had been brought to the hospital by his nephew Sudesh Kumar (PW-9).
4. Inquest proceedings were ordered. Dr.L.T.Ramani conducted the post mortem of the deceased and gave his report (23.8.1986). There were 10 injuries on different parts of the body of the deceased.
5. The post mortem report had described the external injuries as follows:
i. Bruise bluish in colour 5”x 1” present transversely on the left side front of chest 1” below the nipple, clevical area is pale and injuries are bluish red in colour.
ii. Multiple bruises reddish purple in colour 2” to 5” long present transversely on the postero lateral aspect of left arm, elbow and postero lateral aspect of left forearm.
iii. Diffuse swelling on the back of left hand.
iv. Three bruises 3” to 5” long x 1” wide present transversely on the postero lateral aspect of right arm.
v. Swelling on the back of right hand.
vi. Five bruises 3” to 4” long x 1½” wide present transversely on the anterior lateral part of right thigh having pale central area and reddish injuries.
vii. Two bruises 4” to 9”
