DALBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Alleging that because of custodial torture and diabolic acts of the police officials of Noida Police, Somvir Singh alias Sonu aged 17 1/2 years lost his life. He was studying in 9th Standard. After discontinuing his education he was helping his father, the petitioner, in his agricultural activities.

(2.) The petitioner had described the factual scenario to be thus :

(3.) The deceased was called by his friend one Kunwar Pal resident of Sikri PS Khurja and at relevant time residing at Telia ghat Khurja, PS Khurja, Distt. Bulandshahar at about 6 p.m. on 1st of September, 2006. He told Sonu that five persons want to purchase some property. Since he wanted to show them the land, he requested Sonu to go along with him. They took him in the car. Since Sonu did not return till 9 p.m., the petitioner and his son who came from Faridabad started looking around for him and at about 3.45 a.m. the petitioner saw that the said Kunwar Pal came out from a lane. On enquiry about the whereabout of Sonu, the petitioner was informed that Sonu had been taken by the Police Officials of Sector 20 Noida Police Station and he gave the telephone number of one Pradeep Constable and asked the petitioner to contact him. The petitioner immediately contacted on the given number and the said Constable told him that if he wanted to see Sonu, he had to come to Sector 31 Police Station at 10 a.m. They were not given any further information. On trying to call up the number again to get further details, there was no response from the telephone or it was switched off. At about 9 a.m., the petitioner and his son reached Sector 31 Police Station to look for the said Constable Pradeep and were informed that he was not on regular posting and that he used to visit the place occasionally. The petitioner thereafter left Sector 20 and also called up the house and to the utter shock and surprise was informed that the police officers from PS Phurja Dehat had come and informed the family that Sonu had committed suicide in Sector 20 lock up. It is only then that the family realised that said five persons were policemen in plain clothes. On reaching Sector 20 the petitioner was informed that the dead body was lying in the mortuary and would be sent for postmortem. The petitioner and his son were taken to Sector 94 Noida where they saw the dead body of Sonu lying on a stretcher. The body was covered with injuries, black marks and abrasions all over. It was clear that he had been badly beaten up. Blood was coming out from the head. S. S. P. R. K. P. Rathore and Additional SSP came to the petitioner's house and tried to convince him and his family that since Sonu was involved in a case of looting, he had been arrested and he committed suicide while in police lock up by hanging himself with his shirt. The post-mortem would have to be conducted. In the meantime, the news of Sonu's killing having reached the village there was public outcry as there was one more death in the hands of Noida Police and the matter appeared in the local media mainly in vernacular. The petitioner lodged First Information Report (in short the 'FIR') with the police which threatened him and also tried to pressurise him into accepting the theory of suicide. But the untimely murder of the youngest child who was a law abiding citizen and had never been involved in any anti-social or criminal activities had lost his life in the hands of the police and petitioner did not accept the statements, even at the cost of threat from the police. To calm down the tempers of the villagers, an FIR was ultimately registered along with two other FIRs which have also been registered against the deceased son of the petitioner; one for alleged loot of some mobile phone, which has now been planted on the deceased and the other for attempt to suicide. The FIR dated 2-9-2006 was registered against the unknown police officers. All attempts by the petitioner to have an impartial post-mortem of the body of the deceased was thwarted by the police who was insisting on the theory of the suicide by hanging with the help of shirt. The external injuries all over the body of the deceased were not explained and in fact the postmortem report itself is not accurate as compared with the photographs. The petitioner and his other family members have given a statement setting out the facts. Pursuant to notice issued in this case, the State of U.P. has filed its response. It is pointed out that the FIR has been registered and certain police officials had been charged for commission of offences punishable under Ss. 330, 342 and 306 of the Indian Penal Code, 1860 (in short the 'IPC'). It is stated that sanction for prosecution has been given on 15-10-2008 and the charge-sheet had been filed on 14-11-2008. The accused persons surrendered before learned Chief Judicial Magistrate on 14-11-2008 and their bail applications had been rejected. Cognizance of the aforesaid offences has been taken on 17-11-2008.