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High Court Of Himachal Pradesh
BHAWANI SINGH
STATE OF HIMACHAL PRADESH - Appellant
Versus
ANUP SINGH - Respondent
Criminal Appeal No. 6 of 1986
Decided On : 03/23/1989
CRIMINAL LAW - WRONGFUL CONFINEMENT - POLICE CUSTODY - DEATH OF VICTIM - CONVICTION OF POLICE OFFICERS AND CONSTABLES - SECTION 330, 342, 348, 217 OF IPC - INTERPRETATION AND APPLICATION.
Fact of the Case:
The case involved the wrongful confinement, assault, and subsequent death of Bhagwan Singh by police officers and constables. The accused were charged with offenses under sections 330, 342, 348, and 217 of the Indian Penal Code (IPC).
Finding of the Court:
The court found that the accused police officers and constables had wrongfully confined and assaulted Bhagwan Singh, causing his death. The court held that the accused had acted with common intention and that the offenses were committed in the course of their duties as police officers.
Issues: 1. Whether the accused police officers and constables had wrongfully confined and assaulted Bhagwan Singh, causing his death? 2. Whether the accused had acted with common intention? 3. Whether the offenses were committed in the course of the accused's duties as police officers?
Ratio Decidendi: The court relied on the following legal principles in reaching its decision: 1. Section 330 of the IPC defines the offense of causing hurt. 2. Section 342 of the IPC defines the offense of wrongful confinement. 3. Section 348 of the IPC defines the offense of wrongful confinement for extortion. 4. Section 217 of the IPC defines the offense of public servant disobeying the law with intent to cause injury to any person.
Final Decision: The court convicted the accused police officers and constables of offenses under sections 330, 342, 348, and 217 of the IPC. The court sentenced the accused to imprisonment and fines.
Bhawani Singh, J.—This judgment will dispose of Criminal Revision No. 90 of 1985, Sucha Singh and another v. State of H. P. and another and Criminal Appeal No. 6 of 1986, State of Himachal Pradesh v. Anup Singh, as both the cases arise out of the same subject-matter in the following circumstances.
2. The present case under sections 348, 330 and 217 read with section 34 of the Indian Penal Code was initiated against all of them. The learned Judicial Magistrate, 1st Class (3), Simla, in -case No. 149 of 1976 in F. I. R. No. 88 of 1975 convicted all the accused vide judgment dated 28-7-1981 but gave them benefit by application of section 360 of the Code of Criminal Procedure.
3. Out of this judgment, Criminal Appeal Nos. 33-S/iO of 1981, 15-S/10of 1982 and 14-S/I0of 1985, Anup Singh v. State, 72-S/10 of 1981, 14-S/10 of 1982 and 13-S/I0 of 1985, Sucha Singh and another v. State, and Criminal Revision Nos. 59-S/10 of 1981, 3-S/10 of 1982 and 15-S/10 of 1985 Durga Singh v. Anup Singh and others, were filed in the Court of Additional Sessions Judge (II), Simla. All these matters were decided by a common judgment on 31-7-1985. By this judgment, appeal of Anup Singh was allowed whereas the appeal filed by Sucha Singh and Raghbir Singh was allowed relating to offence under section 217 read with section 34 of the Indian Penal Code. The same was dismissed relating to offences under sections 342/330 read with section 34 of the Indian Penal Code and the order of the trial court was modified only to the extent that the benefit of section 360 of the Code of Criminal Procedure extended to them was terminated and they were sentenced to imprisonment as under : "Sucha Singh:
1. For offence under section 348 read with section 34 I.P.C.: Sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500 in default of payment of fine sentenced to undergo rigorous imprisonment for another 3 months.
2. For offence under section 330 I.P.C. read with section 34 I.P.C. : Sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500 failing which to undergo rigorous imprisonment for a further period of 6 months. Raghbir Singh:
1. For offence under section 330 I.P.C. read with section 34 I.P.C. : Sentenced to undergo rigorous imprisonment for two years and 10 pay a fine of Rs. 500 failing which to undergo rigorous imprisonment for 6 months.
2. For offence under section 348 I.P.C. read with section 34 I.P.C.: Sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500 failing which to undergo rigorous imprisonment for a further period of 3 months."
4. The sentences awarded were made to run concurrently and the fine, on realisation, was ordered to be paid to B hag wan Singh, father of the deceased whose revision was also allowed with the same result as mentioned above.
5. Now, there are two cases—Criminal Revision No. 90 of 1985 by Sucha Singh and another against their conviction and Criminal Appeal No. 6 of 1986 filed by the State of Himachal Pradesh against the acquittal of Anup Singh.
6. The prosecution case, in brief, is that Shri Anup Singh was the Incharge/Assistant Sub-Inspector whereas the other two accused, namely, Sucha Singh and Raghbir Singh, were police constables, all posted at Police Post Kasumpti. One Bhagwan Singh, S/o Durga Singh, of village Kawalog was wrongly confined by them during the period 30-8-1975 to 12-9-1975 in order to extort confession and other information leading to the recovery of stolen property in respect of a theft alleged to have been committed in the house of Devi Singh in village Shilla. Secondly, the accused also caused hurt to deceased Bhagwan Singh, when in wrongful confinement, during all this period. These facts, according to the prosecution, constituted offences under sections 330 and 342 of the Indian Penal Code and as all had the common intention to act in that manner, section 34 of the Indian Penal Code was applicable. Besides, offence under sec
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