G.S. SISTANI, J.

1. This is a classic case when the guardians of law became its transgressors and the whole might of the State came down upon one individual, who belonged to a weaker section of society, inevitably causing his death. Neither is this a first as experience has shown that incidents of custodial violence and death continue unabated. The situation is aggravated by shoddy investigation and hostility of witnesses as the prosecution is also undertaken by the kith and kin of the accused. In the case before us, the testimony of the father of the deceased Teg Bahadur (PW-1) portrays an harrowing tale wherein his son Jagannath (“deceased”) was mercilessly beaten to death by the officers of Lahori Gate Police Station.

2. All the three appeals arise out of a common judgment and order on the point of sentence have been heard together and are being disposed of by a common judgment. For the ease of reference, the appellant in Crl.A. 54/2004 is referred to as “appellant Dahiya”; the appellant in Crl.A. 81/2004 is referred to as “appellant Sher Singh”; and the appellant in Crl.A. 198/2004 is referred to as “appellant Anil Kumar”.

3. The appellants have impugned the judgment dated 06.01.2004 whereby the appellant Anil Kumar has been convicted under Sections 302/330/348 of the Indian Penal Code, 1860 (“IPC”); while the appellants Dahiya and Sher Singh are convicted under Section 304 Part II read with Section 34 IPC. The appellants have also impugned the order on the point of sentence dated 13.01.2004 whereby appellant Anil Kumar has been sentenced to undergo life imprisonment and also fine of Rs.80,000/- and in default of payment of fine to further undergo rigorous imprisonment of 1 year for the offence punishable under Section 302 IPC; rigorous imprisonment for two years and fine of Rs.1,000/- and in default thereof to further undergo rigorous imprisonment for one month for the offence punishable under Section 330 IPC; and rigorous imprisonment for six months and fine of Rs.500/- in default thereof to further undergo rigorous imprisonment of 15 days for the offence punishable under Section 348 IPC. By the impugned order on the point of sentence, the appellants Dahiya and Sher Singh have been sentenced to rigorous imprisonment for a period of five years and fine of Rs.50,000/- each, in default thereof to further undergo rigorous imprisonment of nine months for the offence punishable under Section 304 Part II read with 34 IPC. We may also add that one of the co-convicts of the appellants, namely Manohar Lal Narang (appellant in Crl.A. 53/2004) died during the pendency of his appeal and accordingly, his appeal stands abated by order dated 18.02.2016.

4. The case of the prosecution is that the deceased was working with Seth Brothers Perfumeries Pvt. Ltd., Tilak Bazar, Delhi in the capacity of a peon-cum-watchman and on 01.05.1991 had gone to the shop at 9:30 PM for his night duty. The next morning, his father Teg Bahadur went to the shop at about 8:45 AM and found that the shop was locked and his son/deceased was absent. Teg Bahadur was told by one, Babu, a beedi-cigarette vendor, that the deceased had been taken by the police to PS Lahori Gate. Thereafter, Teg Bahadur along with his friend Mohd.Idris (PW-7) went to PS Lahori Gate. Upon enquiry, Teg Bahadur was directed to go to the second floor of the police station where the deceased, Ram Prashad and an auto rickshaw driver were sitting on the floor and 5-6 other persons, of which three were in uniform, were also present there. At the time, Ram Prashad was being beaten by appellant Anil Kumar (then Constable) and the deceased was sitting on the floor with his face swollen and being unable to speak. Appellant Anil Kumar permitted the auto driver to leave the police station after writing something on his palm. Teg Bahadur requested Ct.Anil Kumar to release his son, but he was asked to pay Rs.500/-; to which Teg Bahadur said that he would have to arrange for the same and accordin