SADASHIO MUNDAJI BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the order dated 17-1-2005 passed by the Division Bench of the Bombay High Court at Nagpur Bench in Criminal Appeal No. 242 of 1996 whereby the Division Bench has reversed the acquittal of all the accused-appellants and convicted them under Sections 302 read with Section 34 of the Indian Penal Code (for short IPC) and sentenced them to suffer life imprisonment. The Division Bench also directed payment of fine of Rs. 30,000/- each by original accused Nos. 1, 2 and 3; Rs. 15,000/- by original accused No. 6; Rs. 10,000/- each by original accused Nos. 10, 11, 13, 15, 16 and 17. In default of payment of fine, they were also directed to undergo rigorous imprisonment for five years. So far as the offence under Section 201 read with 34, IPC was concerned, the original accused Nos. 1, 2, 3, 6, 10, 11, 13, 15, 16 and17 were sentenced to undergo rigorous imprisonment for five years. Original accused Nos. 1 to 3 were directed to pay a fine of Rs. 10,000/- each; accused No. 6 to pay fine of Rs. 5,000/- and accused Nos. 10, 11, 13, 15, 16 and 17 were directed to pay a fine of Rs. 2,500/- each. In default of payment of fine, they were to suffer further rigorous imprisonment for two years. The substantive sentences under Section 302 read with 34, I.P.C. and under Section 201 read with Section 34, I.P.C. were directed to run concurrently. Hence, the present appeals by the accused-appellants.

(2.) This is one of the unfortunate case where the deceased has died in the police custody. We are conscious that such incidents of suspect dying in the police custody has lately increased. This is an unfortunate scenario. But nonetheless we have to examine the matter objectively though keeping in mind the fact that the accused involved in all these appeals are nobody else than the Police officers and the investigation was being undertaken by their colleagues only. Therefore, we have to examine all the aspects objectively keeping in mind the fact that the accused involved in the present appeals are nobody else but the colleagues of another investigating agency.

(3.) Brief facts giving rise to filing of the present appeals are that the deceased Dilip along with other suspects were involved in a dacoity case which took place in the village Takarheda within the jurisdiction of Police-station, Arvi. One Namdeo Tulshiram Taywade, filed a complaint to this effect that the alleged dacoity has taken place in his house in which the inmates of the house were injured and certain ornaments had been taken away from his house. On the basis of this report, a case was registered on 24-10-1987 against unknown persons under Sections 395, 397 and 398, IPC vide Crime No. 254 of 1987. The investigation of the case was taken over by P.I. Bhadikar-the accused appellant. During the course of investigation, on 5-11-1987 the police arrested seven persons namely (1) Bastam Devidas Pawar, (2) Comrade Bhimrao Pawar, (3) Dilip Khusmya Ghosale, (4) Chaubharat Ramchandra Ghosale, (5) Partya Khusmya Ghosale, (6) Navbharat Ramachandra Ghosale and (7) Gangacharan Sukhadeo Pawar. The police arrested these persons and sought for judicial remand from the Judicial Magistrate for the purpose of investigation. The police was granted custody remand for seven days for the purpose of recovery of weapons of offence as well as stolen property. Till this time there was no complain of any ill-treatment of the accused. After taking remand from the Magistrate, the accused persons brought them to the Police-station.