C B I Vs. DHARAMPAL SINGH

JUDGEMENT

(1.) This criminal revision petition is directed against judgment dated 27.7.2000 of the Additional Sessions Judge in Criminal Revision No. 42 of 2000 whereby the learned Judge, while deciding the revision petition against order dated 27.1.2000 of the Chief Metropolitan Magistrate, Delhi, whereby cognizance was taken under Section 304 IPC etc. against the petitioner, set aside the Chief Metropolitan Magistrate's order on the ground that sanction to prosecute the petitioner was not in order. The learned Additional Sessions Judge held that sanction under Section 140 of the Delhi Police Act was mandatory and that the same having not been taken would be a bar for taking cognizance and further this sanction cannot be obtained on account of limitation having run out in accordance with Section 140 of the Delhi Police Act.

(2.) Brief facts of the case are that on 8.12.1997 a stabbing incident took place under Hauz Quazi Police Station, Delhi, which gave rise to FIR No. 360/97, under Section 307 IPC. On 9.12.1997 at around 2.30 a.m. SHO Dharampal Singh and ASI Ramesh Chander picked up Hari Shankar and seven others when they could not find any clues of the assailant, allegedly the son of Hari Shankar. In other words, not being able to trace the accused, these police officers picked up the relatives of the accused and brought them to the police station. Hari Shankar and others were allegedly made to stand in rain in the cold night and forced to beat each other with chappals. They were not provided with food and clothes. Hari Shankar and others were neither witnesses nor accused in the stabbing case but were being illegally detained by SHO Dharampal Singh and ASI Ramesh Chander, the Investigating Officers of the stabbing case till 10.12.1997. During this time, it is alleged, that the detainees were tortured in order to extract information about the whereabouts of the accused. On 9.12.1997 at about 9.40 a.m. entries were made in the Daily Diary showing that the detainees were released which, on investigation, turned out to be false. Documents were also prepared to show that notices under Section 160 Cr.P.C. were issued to Hari Shankar, Pyarelal and Hiralal while investigation showed that no such notices were issued and that the signatures obtained on the aforesaid notices were forged. This was also the case that notice issued to Hari Shankar.

(3.) On 10.12.1997 at about 2.30 p.m. Accused- Dharampal Singh, SHO, beat up Hari Shankar and made him Murga in front of the room of the SHO. Hari Shankar was also kicked and beaten in this position. At about 3.00 p.m. on 10.12.1997 Hari Shankar was brought back by a Constable and left in the room. At this time, Hari Shankar could not stand and fell down on another detainee, Gurdyal Singh and Pyarelal. Hari Shankar at that time had become unconscious. He passed stool and urine too. There was no movement in his body. The co- detainees shouted for help and water but nobody came for their help. After about half-an-hour ASI Ramesh Chander came and told detainees, Gurdyal, Pyarelal etc. to take Hari Shankar to his house which they refused. Then he told them to take him to a Nursing Home which also they refused. The detainees requested the ASI to take Hari Shankar to a Government hospital on which ASI Ramesh Chander closed the door from outside and went away. He came back after sometime with an auto rikshaw and directed Gurdyal Singh, Pyarelal and Bharat to take Hari Shankar to the hospital. On this, the three detainees took Hari Shankar to Lok Nayak Jai Prakash Hospital (for short LNJP). At about 3.25 p.m. entry was made in the Daily Diary of the police station that Hari Shankar was handed over to Gurdyal and Pyarelal. At about 5.05 p.m. on 10.12.1997, Hari Shankar was declared 'brought dead' by the doctors ar LNJP Hospital. The hospital record mentions that Hari Shankar was repeatedly beaten up at the police station. Shri Bhupesh Chander, brother of Hari Shankar, made a complaint to the DCP that his brother had been tortured to death.