GANGA DEVI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) RULE D.B.

(2.) LEARNED Counsel for the parties states that since a short question is involved, the matter may be disposed of forthwith. Accordingly we proceed to dispose of the same.

(3.) JAGAN Nath was picked up by Constable Anil Kumar of P.S. Lahori Gate in the wee hours of May 2, 1991 on suspicion of being involved in a criminal case. It is not disputed that when Jagan Nath was apprehended he was hale and hearty. On the same day Jagan Nath, who was having 16 injuries on his person, was brought to St. Stephen Hospital from P.S. Lahori Gate in an unconscious state. Jagan Nath never regained consciousness and succumbed to his injuries on May 10, 1991. An inquest was conducted by the S.D.M. Kotwali. According to the inquest report the deceased before his death was given severe beating in the police station. According to the post mortem report the death in the case was a result of cerebral damage consequent to injury on the fronto parietal region. The report further states that all injuries were ante mortem in nature. After a lapse of two months FIR No. 430 of 1991 dated 1st/2nd September, 1991 under Sections 304, 330, 348/34 IPC was lodged against constable Anil Kumar. According to the inquest report besides constable Anil Kumar others were also involved in the beating of the deceased. At this stage it is not relevant to dilate on the question as to who administered the beating as criminal case may be pending against various police officials and others. What is significant is that a man has lost his life in custody. Right to life is a very precious one and is constitutionally guaranteed in our country under Article 21 of the Constitution of India. In fact Article 21 of the Constitution outlaws and bans forture, degrading and inhumane treatment in jail custody.