NARENDER KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appellant in Criminal Appeal No.447 of 2010 is A-1 and the appellants in Criminal Appeal No.484 of 2010 are A-2 and A-3. Both these appeals are directed against the common judgment rendered by the Division Bench of Delhi High Court in Criminal Appeal No.33 of 1993 dated 06.03.2009 preferred by the appellants in both these appeals.

(2.) At the very outset it must be stated that the appellants were Police Constables. The appellant in Criminal Appeal No.447 of 2010 was Head Constable and the other two appellants in Criminal Appeal No.484 of 2010 were Constables. The appellant in Criminal Appeal No.447 of 2010 was convicted for the offence under Section 302 read with Section 34 along with the appellants in Criminal Appeal No.484 of 2010 and was sentenced to undergo life imprisonment apart from fine of Rs.5000/- each and in default of the payment of fine to undergo rigorous imprisonment for four months. The appellants in Criminal Appeal No.484 of 2010 were also convicted for the offence under Section 330 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of two years along with fine of Rs.1000/- each and in default of payment of fine to undergo rigorous imprisonment for one month. All the sentences were to run concurrently.

(3.) The case of the prosecution was that on 01.08.1980 the deceased Laxman Singh alias Hanuman was picked up from the railway station of Subzi Mandi by the Police and was illegally confined in Andha Mughal Police Post till 05.08.1980. While in such custody, in order to extract confession from him he was beaten severely and on 05.08.1980 he suffered burn injuries at quarters No.4 of police post Andha Mughal from where he was taken to Hindurao Hospital and then to LNJP Hospital by PW-1 ASI. At LNJP Hospital PW-12 Doctor asked PW-2 to procure the services of Magistrate as the deceased wanted to make a declaration when he was in the last spell of his life time. After the above occurrence initially a case was registered at Subzi Mandi Police Station vide FIR No.763 of 80 for the offence under Section 309 IPC. Thereafter, a dying declaration was recorded in the presence of PW-7 Metropolitan Magistrate around 2.30 p.m. on 05.08.1980. After the recording of the dying declaration another FIR was registered under Section 307 IPC. The deceased breathed his last on 06.08.1980 whereafter the case was converted to one under Section 302 IPC. The dying declaration of the deceased revealed that he was brought to Andha Mughal Police Post by the appellants in Criminal Appeal No.484 of 2010 along with one other person by name Tyagi on 01.08.1980 from the railway station of Subzi Mandi and after bringing him to the police post he was beaten severely to extract a confession from him to the effect that he was involved in the stealing of some properties. According to the prosecution as the deceased was pleading ignorance, ultimately on 05.08.1980 around 10.30 a.m. kerosene was poured on him by the appellant in Criminal Appeal No. 447 of 2010 while he was set on fire by the appellants in Criminal Appeal No.484 of 2010 by throwing ignited matchstick.