HARGOVINDAS DEVRAJBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants are police officers. The first of them was a Sub-Inspector and the others were Constables. They were charged with offences under Sections 201, 302 and 302 read with Section 34, I.P.C. The Court of Additional Sessions Judge, Mahesana acquitted them by giving benefit of doubt and the High Court reversing the said conclusion convicted them under Section 304, Part II and Section 201 read with Section 114, I.P.C. and awarded 7 years rigorous imprisonment and 2-1/2 years rigorous imprisonment besides a fine of Rs. 100/- each. There was one other accused by name Ramaji Sursangji Thakor who died during the pendency of the appeal in the High Court resulting in its abatement against him.

(2.) The prosecution case was as follows :

(3.) The accused put forward a case that the man who was brought to the police station on 19-7-82 was one Parbatji Bhikhaji of Jagapura village and he was taken for investigation of an offence of house breaking committed in Bhalesaravas locality and as he was not found to have been involved in that offence, he was brought back to the police station in the morning and the first appellant registered a complaint under S. 122(c), Bombay Police Act. The said Parbatji is alive and no offence was committed by them.