ROBIN SINGH Vs. STATE

JUDGEMENT

(1.) This order shall dispose of two bail applications - one of Robin Singh and the other of Kesar Singh.

(2.) The case of the prosecution is that on the night of 20.10.2003 at about 11.35 p.m. five to six police officials in plain clothes came to the STD shop of the Complainant (Krishan Kumar) on the ground floor and it is stated that all these police officials were in a drunken state. It is further the case of the prosecution that there were three other persons who accompanied these police officials. The names of the police officials as indicated in the FIR are Rajbir Singh, Constable Robin Singh, Constable Jai Prakash both of Police Station Madipur and Constable Rohtas of Police Station Punjabi Bagh. In the FIR it is clearly indicated that the names of the other police officials were not known to the informant but that he could identify all of them. It is the case of the prosecution that some of these persons came in an Indica car and three others came on foot. They knocked the door and the informant as well as his deceased brother -- Sushil Kumar's wife looked from the window and heard that these persons were asking them to come down. It is alleged in the FIR that Rajbir Singh shouted and asked him to come down and also threatened to shoot him in case he did not come out. The informant's brother (Sushil Kumar) went down and opened the door. Rajbir Singh and his accomplies started beating Sushil Kumar. It is alleged that S.I. Rajbir Singh was armed with a wooden leg of a "Charpai" (Paya) and was beating Sushil Kumar with the same. The informant has stated that he was watching this from the 2nd floor but did not come down. Similarly, the deceased's wife was also watching the same and was crying. According to the informant, they kept beating him for 15 to 20 minutes and thereafter took him away in their Indica Car and he was dropped back at 1.30 p.m. outside the house. At that time, the said Sushil Kumar (deceased) was already dead. Accordingly, it is the allegation of the prosecution that the said Sushil Kumar was murdered by the police officials.

(3.) The FIR for an offence under Section 302 read with Section 34 of the IPC was registered against the accused. The learned counsel for the petitioners argued that even upon examining the FIR and the allegations contained therein, a case of Section 302 is not at all made out. They say so because according to them, the opinion of a Board of Doctors was sought on the cause of death of the deceased Sushil Kumar. That opinion has been placed on record and specific answers have been given to specific questions. With regard to the question - what is the cause of death? - the answer given is as under:-