SUKHDEO MAJUMDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the appeals arise out of a common judgment, they are heard and decided together.

(2.) Criminal Appeals No.419 of 2009 and 426 of 2009 have been preferred by accused persons Sukhdeo Majumdar and Gopi Kishan Arya (G.K. Arya), respectively against the judgment dtd. 1/6/2009 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act'), Kanker in Special Case No.36 of 2008, whereby the Learned Special Judge has convicted both the accused persons for the offence punishable under Sec. 348 of the Indian Penal Code and sentenced each of them with rigorous imprisonment for 3 years and fine of Rs.1,000.00 with default stipulation. By the said judgment dtd. 1/6/2009, the Special Judge has acquitted both the accused persons of the charge framed under Sec. 306 of the Indian Penal Code and also acquitted accused Sukhdeo Majumdar of the charge framed under Sec. 3(1)(x) of the Act. Being aggrieved by the said acquittal, the State has preferred Acquittal Appeal No.100 of 2009 against the accused persons.

(3.) The case, in short, is that at the relevant time, accused Gopi Kishan Arya (G.K. Arya) and Sukhdeo Majumdar were posted as Sub- Inspector and Head Constable, respectively at Police Station Pakhanjur. Name of deceased is Dileram Bada. He was a member of the Scheduled Tribes. On 8/4/2007, one Gautam Vishwas teased the daughter-in-law of deceased Dileram Bada. Therefore, a village meeting was called in which Gautam Vishwas was slapped by one Samir. On 10/4/2007, father of Gautam Vishwas made a report of missing of Gautam Vishwas upon which a case being Case No.3 of 2007 was registered and this case was inquired into by accused Sukhdeo Majumdar. Further case is that considering Dileram Bada, his son Sunil Bada (PW10) and their relatives to be suspected persons of the missing case, they were brought to Police Station Pakhanjur during the period from 19/4/2007 to 25/4/2007. Initially, on 19/4/2007, Dileram Bada, his son Sunil Bada (PW10) and one Nandu alias Nandkishore (PW12) were brought to Police Station Pakhanjur and they were inquired about the missing person and they were also beaten. On 21/4/2007, Shiv Prasad (PW13) and Kanshiram (PW9) went to Police Station Pakhanjur. They were also retained and interrogated there. On 24/4/2007, against Sunil Bada (PW10), a case under Sec. 109 of the Code of Criminal Procedure was filed before the Court of S.D.M., Pakhanjur. Further case is that between 19/4/2007 and 25/4/2007, Dileram Bada and his relatives were illegally detained in the police station and in the name of inquiry regarding the missing case all these persons were beaten in the police station. Due to their physical and mental torture, Dileram Bada committed suicide by hanging himself in a latrin situated in the premises of Police Station Pakhanjur on 25/4/2007 at 7:15 p.m. Morgue (Ex.P3) was registered. Inquiry was conducted by S.D.O. (Police) U.N. Shukla (PW1). On the basis of the inquiry report, First Information Report (Ex.P2) was registered. During the course of investigation, post mortem examination over dead body of Dileram Bada was conducted by a team of 3 doctors. Post mortem report is Ex.P7 in which it is opined that cause of the death is asphyxia due to hanging and the nature of the death is suicidal. Statements of witnesses were recorded under Sec. 161 Cr.P.C. On completion of the investigation, a charge-sheet was filed against both the accused persons. The Trial Court framed charges against them under Ss. 348 and 306 of the Indian Penal Code. Additionally, a charge under Sec. 3(1)(x) of the Act was framed against accused Sukhdeo Majumdar.