STATE OF MADHYA PRADESH Vs. SHYAMSUNDER TRIVEDI

JUDGEMENT

(1.) On the fateful night, intervening 13/10/1981 and 14/10/1981, 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 protestations of some of the residents of the village the crime could have gone unnoticed and unpunished.

(2.) According to the prosecution case on 13/10/1981 Respondent 4 Rajaram, Head Constable and Respondent 5 Ganniuddin, Constable brought one Nathu Banjara of Village Dhabala Deval to Police Station Rampura for interrogation as a suspect in a murder case. At the police station Respondent 1 Shyam Sunder Trivedi, Sub-Inspector, Respondent 3 Ram Naresh Shukia, Head Constable, along with Respondents 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 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 Public Witness 22 not to perform the autopsy till the arrival of higher authorities. Naib Tehsildar Rathore Public Witness 10who 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 Public Witness 20 reached the hospital in the evening. A written report Ex. P/l 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 Public Witness 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 1 Shyam Sunder Trivedi. The post-mortem examination was conducted by Dr Mehta Public Witness 7. The doctor in the post-mortem report, Ex. P-7, noticed the following multiple injuries on the deceased:

(3.) Shri Bhat, Public Witness 20, the Enquiry Officer during the course of enquiry examined some witnesses and seized various documents. After conclusion of the enquiry he submitted his report, Ex. P/28 on 15/10/1981. The Enquiry Officer, Public Witness 20, found that during the night intervening 13/10/1981 and 14/10/1981, deceased Nathu Banjara died in police custody at Rampura Police Station due to extensive beating given to him and held Respondent 1 Shyam Sunder Trivedi, SI and Respondent 2 Rajaram to be directly responsible for causing those injuries. The report was sent to the Circle Inspector Narayangarh where on its basis, case FIR, Ex. P/31 was registered by Circle Inspector G. S. Tomar, Public Witness 21 on 15/10/1981. During the investigation of the case, letter Ex. P/9 written by SI Shyam Sunder Trivedi, Respondent I, to the Administrator, Municipal Committee, asking him to make necessary arrangements for the cremation of a dead body of an unknown person was also seized from Naib Tehsildar Rathore, Public Witness 10. Further investigation was later on carried out by CID Inspector G. S. Rai, Public Witness 23, who seized some more incriminating documents and examined some of the witnesses. At the conclusion of the investigation, the respondents were arrested and a challan was filed against them. The respondents were committed to stand their trial before the Additional Sessions Judge.