MOHAN LAL SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A telegram was received by this court from the petitioner, Mohan Lal Sharma staling that his son Sanjay, aged 17 years, was arrested by the Agra police on 10/10/1986 at 9 o clock in the morning a. nd that telegraphic information had been sent by him to the Senior Superintendent of Police and the District Magistrate, Agra at 6 o'clock in the evening on the same day but this had led to no action. He stated further that the police did not produce Sanjay before any Magistrate on October 11, 1986. He alleged that Sanjay was murdered by the police in the police lock-up, and that the lock-up was washed by the police resulting in the disappearance of material evidence. The case was registered as a writ petition in this court and notice was issued to the State of Uttar Pradesh.

(2.) A counter-affidavit on behalf of the State was filed by H. K. Shukla, Sub-Inspector, Police Station Madan Mohan Gate, Agra. The counter affidavit alleged that Chhote (another name for Sanjay) was wanted by the police in connection with two criminal cases, that he had been absconding since the registration of the cases and proceedings under S. 82 read with S. 83 of the Code of Criminal Procedure had been instituted against him and charge-sheets in the two cases had been submitted in. the court for his trial. It is said that he was arrested on October 11, 1986 at about midday at the Police Station Madan Mohan Gate, Agra. It is alleged that on arresthe was taken to the police lock-up in the police station. After some time, it is said, he asked for water for visiting the toilet. According to the counter affidavit, the police constable on duty, Raghubir Prasad, gave him a bottle of water outside the lock-up room, and thereafter Chhote is said to have entered the lock-up toilet with the bottle. Shortly thereafter, about 3.50 p. m. Head Constable, Rajinder Singh and other employees at the police station are alleged to have heard some groans proceeding from inside the toilet, and on the door being opened Chhote was found lying in the toilet with a blood stained broken bottle in his hand, and blood oozing out from the inner portion of his right thigh. It is said that he was taken to the Emergency Department of the S. N. Medical Hospital, two hundred yards from the police lock-up, by Constable Varinder Singh, and at about 4. 00 p. m. the doctor present in the Emergency Department examined him and declared him dead. A case of suicide under S. 309 Indian Penal Code was registered by Head Constable Rajinder Singh at 3.55 p. m. It is admitted in the, counter-affidavit that the father of the deceased Chhote made a written report to the police station regarding the death of his son, on the basis of which a case under S. 302 read with S. 342 Indian Penal Code was registered at 7. 00 p. m. on October 11, 1986. A postmortem was conducted the same night on the dead body, and five ante-mortem injuries were found by the doctor, that is to say, a contusion on the front of the right elbow, abrasions on the outer aspect of the left forearm, a lacerated wound, muscle deep, on the front inner aspect of the right thigh, six inches above the right knee, a contusion on the right side of his back below the lower angle of the right scapula, and a contusion on the left upper scapula region of the back. A big vein and an artery on the right thigh were found ruptured. According to the doctor, the death was occasioned by shock and haemorrhage as a result of the injury to the thigh. The doctor, on investigation by the Investigating Officer, stated that the injury to the thigh could have been self-inflicted and could have been caused by a broken bottle.

(3.) The counter-affidavit further states that a Magisterial Inquiry by the City Magistrate, Shri S. P. Singh was under way into the incident under the orders of the District Magistrate. It is admitted that a telegram dated 10/10/1986 was received from the son-in-law of the petitioner, but no action was taken upon it because it was reported by the Circle Officer that no such person had been arrested on 10/10/1986. The counter-affidavit also says that it was intended to produce Chhote before a Magistrate within 24 hours but that was made impossible because of his suicide at 3.50 p. m. There is the furtlier statement that Hardayal Verma, the Day Officer, Rajinder Singh, Head Constable and Raghubir Prasad, Constable, were suspended on account of the incident pending investigation of the case under S. 302 Indian Penal Code and the completion of the Magisterial Inquiry.