(1.) Custodial death is a manifestation of acts when protectors of law become perpetrators of crime.
(2.) "The police must obey the law while enforcing the law." said Earl Warren. We are faced with a case where the allegation against the respondent is of causing death of a person in custody though the Trial Court has acquitted the respondent giving him the benefit of doubt.
(3.) Dayal Singh, deceased, was picked up on 19.09.1986 at 5.30 A.M. from his residence at Govindpuri by SI Ranbir Singh in pursuance to registration of FIR No.365/1986 under Section 380 of IPC at PS Sriniwaspuri for theft of a VCR, some cassettes and sarees etc from the house of Ms.Sumati Jain, r/o 3, Friends Colony, New Delhi. The complaint was made by Ms. Sudha Sunderam, sister of Sumati Jain. Smt. Sumati Jain in her statement did not cast doubt on any of her past or present servants. The deceased/Dayal Singh was an ex-employee who had worked as Chowkidar in the house of Smt. Sumati Jain and his services had been terminated on 15.09.1986, i.e. the alleged date of theft. The suspicion thus came on the deceased and the respondent was entrusted with investigation.