K H SHEKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, who were original accused Nos.l to 7 and 9, were members of police force of the Doddapet Police Station at Shimoga City, Karnataka. The challenge in this appeal by special leave is to judgment dated November 14,2002,; ender ed by the Division Bench of High Court of Karnataka, Bangalore, in Criminal Appeal No.455 of 1995, by which judgment dated July 28, 1995, passed by the learned Additional Sessions Judge, Shimoga, in Sessions Case No. 143, 148, 326, 201, 218 and 302 read with Section 149 of Indian Penal Code (IPC) and imposing different punishments for commission those offences, is set aside and instead they are convicted for the offences punishable under Section 304, Part-II, IPC read with Section 34, IPC for having caused the death of two persons, i.e., Rajakumar and Gurumurthy and under Section 324 read with Section 34, IPC for causing hurt to injured Prakash and each one of them is imposed sentence of R.I. for one year and fine of Rs.5,000/- and in default to undergo R.I. for 2 years for commission of offence punishable under Section 304, Part-II read with Section 34, IPC whereas no separate sentence is awarded for conviction under Section 324 read with Section 34, IPC.

(2.) Though several constitutional and statutory provisions have been enacted to safeguard the personal liberty and life of citizens, incidents of torture and death in the police custody are even on the rise. In spite of condemnation of such acts by this Courts and High Courts, certain police officials conducts themselves in a manner resulting into gruesome torture and death of suspects in the police custody. There is no manner of doubt that these are the most heinous crimes committed by persons, who claim to be the protectors of the citizens. What is distressing to note is that the incidents of torture and death in the police custody take place under the shield of uniform and authority, in the four walls of a. police station or in the lock-up, where the victims are totally helpless.

(3.) This is one such case which brings to light an incident in which two person list their lives and others were injured while in police custody. The facts emerging from the record of the case are as under: