Dr. Anand, J. -- 1. On the fateful night, intervening 13th and 14th October, 1981, the uncivilised method of interrogation of a suspect took its toll and a fatal blow was inflicted on human dignity when custodial violence claimed yet another victim - Nathu Banjara. But for the vigilance of some members of the Bar of Rampura and the loud protestation of one of the residents of the village the crime could have gone unnoticed and unpunished.

2 According to the prosecution case on 13th October, 1981 respondent No. 4 Rajaram, Head Constable and respondent No.5, Ganniuddin, constable brought one Nathu Banjara of village Dhabala Deval to police station Rampufa for interrogation as a suspect in a murder case. At the police station respondent No. 1 Shyam Sunder Trivedi, Sub-Inspector; respondent No. 3 Ram Naresh Shukla, Head Constable alongwith respondent Nos. 4 and 5 gave beating to Nathu Banjara and tortured him with the intention of extracting a confession of guilt from him in connection with the murder of one harijan woman of village Singharia Piparia. As a result of the extensive injuries caused to Nathu, he died in police custody at the police station Rampura. At about 2.00 p.m. on 14.10.1981, the dead body of the deceased Nathu was removed in a jeep, belonging to the fisheries department Rampura to the hospital for post-mortem examination with the ultimate object of cremating the deceased, as an 'unclaimed body', for which respondent No.1 had already initiated some steps. Some residents of the village including some members of the Bar of Rampura who had come to know about the torture of Nathu at the police station, kept a watch over the police station and on noticing the removal of the dead body of Nathu in the jeep, they followed the jeep and reached the hospital. The dead body was removed to the mortuary. The members of the bar and others requested Dr. Naraindas Neema PW 22 not to perform the autopsy till the arrival of higher authorities. Naib Tehsildar Rathore PW 10 who arrived at the hospital in the meanwhile got the mortuary locked and sealed at the insistence of the protestors. On telephonic information given to the District Magistrate about the protests at the hospital and the gathering of a large crowd, the Superintendent of Police and the additional District Magistrate PW 20 reached the hospital in the evening. A written report Ex. P/1 signed by some of the residents of Rampura was given to the District Magistrate who ordered the holding of a Magisterial enquiry into the matter. Shri Bhat PW 20, the Additional District Magistrate was appointed as the Enquiry Officer. He commenced an enquiry immediately and prepared the panchnama Ex. P/22 of the dead body and sent it for post mortem examination vide requisition memo Ex. P/6, which was also signed by respondent No.1 Shyamsunder Trivedi. The post Mortem examination was conducted by Dr. Mehta PW 7. The Doctor in the post-mortem report, Ex. P-7, noticed the following multiple injuries on the deceased :--

1. Irregular reddish blue contusion of 3 cm x 2cm on the Rt. lower eye lid Zygomatic area of Rt. side of face.

2. There are two contusions of reddish blue in (tom) oblique and parallel from outer to inner border of middle of left scapula upper 8 cm x 4 cm, lower 6 cm. x 4 cm.

3. There are multiple reddish blue contusions imposed on each other in all directions in the area of 5 to 8 cm. on lower aspect of back of left side of chest.

4. There are multiple reddish blue contusions imposed on each other of variable shape, size and direction in the area of 7 cm x 10 cm area of middle of Rt. scapula to lower part of back of Rt. side of chest.

5. Oblique reddish blue contusion from lower part of chest to lumber on Rt. side vertical 10 x 2 cm.

6. Two cross reddish blue contusions of 4 cm. x 2 cm. size in the left lumber area on the back.

7. There are four reddish blue contusions of variable length 4 to 6 cm. x 2 cm. size on outer aspect of left shoulder and middle and outer