GAYATRI SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri VC Ottalwar and Shri Shailendra Dubey, Advocates have been engaged for arguing the above mentioned appeals on behalf of the appellants. Despite repeated calls, they have not appeared when the case is called for final hearing, therefore, Ku. Preeti Jha, Advocate who is present in the court, has been appointed as Amicus Curiae to argue the case on behalf of the appellants.

(2.) Both criminal appeals and criminal revision, as mentioned above, are arising out of judgment dated 24.02.2009 passed by Second Additional Sessions Judge (FTC), Janjgir (Chhattisgarh) in Session Trial No. 157/2007 wherein the said Court acquitted both the appellants (in CrA No.175/2009 & 194/2009) for offence under Section 306/34 of the Indian Penal Code, but convicted for commission of offence under Section 342/34 of the IPC and sentenced them to undergo rigorous imprisonment for three months and to pay fine of Rs.500/- with default stipulation.

(3.) As per the version of the prosecution, both the appellants were posted at Police Station Shivrinarayan in the capacity of Station House Officer and Head Constable respectively on 30.6.2006. On the said date, deceased namely Kanti Kumar Yadav was called for interrogation in the said Police Station as he was suspected in Crime No.169/2006 registered for offence under Section 379 IPC regarding theft of cattle. Superintendent of Police, Janjgir directed said police officers to interrogate said Kanti Kumar. Appellant Omprakash Dubey asked said Kanti Kumar to sit in the lockup and as per the version of the prosecution, he was harassed by the police officers that is why he committed suicide by consuming poisonous substance. The matter was reported and investigated and both appellants were charge sheeted and after the trial, they were convicted for offence under Section 342 of IPC and acquitted for offence under Section 306 IPC.