RAMESH CHAND AND ORS. Vs. C.B.I.

JUDGEMENT

(1.) These appeals are directed against the impugned judgment and order on sentence dated 09.8.2012 and 18.8.2012 respectively wherein out of the four appellants three of them namely Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand were convicted for the offences punishable under Ss. 323/342/304/34 of the IPC as also under Sec. 218 read with Sec. 109 of the IPC. The fourth appellant K.K. Arora had been convicted for the substantive offence under Sec. 218 of the IPC. Accused Jagmal Singh Yadav had died during the course of trial and the proceedings stood abated against him. The maximum sentence imposed upon Satish Kumar Kadian, Inder Singh Rana and Ramesh Chand was RI for a period of 10 years. This was for their conviction under Sec. 304 of the IPC. Each of them had also been sentenced to pay a fine of Rs. 25,000/ - which was to be paid by way of compensation to Kashmiri Devi, widow of the deceased Gopi Ram. In default of payment of compensation they were to undergo SI for 1 year. For their conviction under Ss. 323/342 of the IPC each of them had been sentenced to undergo RI for 1 year for each offence. For their conviction under Sec. 218 of the IPC read with Sec. 109 of the IPC each of them had been sentenced to undergo RI for a period of 3 years. Convict K.K. Arora had been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs. 5000/ - in default of payment of fine to undergo 6 months. Sentences were to run concurrently. Benefit of Sec. 428 of the Cr.P.C. had been granted to the appellants.

(2.) Nominal rolls of the appellants have been requisitioned which reflects that Satish Kumar Kadian, Inder Singh Rana and Ramesh (presently in judicial custody) have undergone incarceration of almost about 4 years which includes the remissions earned by them. K.K. Arora is on bail. He had not undergone incarceration for any period.

(3.) The version of the prosecution is that on the intervening night of 22 -23.8.1986 at about 10.45 p.m. the then SI Satish Kumar Kadian, the then Divisional Officer SI Inder Singh Rana, along with the then Constables Ramesh Chand and Constable Jagmal Singh Yadav, (since expired) posted at police station Patel Nagar had gone to the house of Sudesh Kumar (PW -9) and picked him up while he was sleeping. They started beating him. On hearing his shrieks, his maternal uncle Gopi Ram (deceased) came out. He was also given beatings by the said police officials. Both PW -9 and the deceased Gopi Ram were dragged to the police station where they were again given beatings with a saria and danda. Gopi Ram became unconscious. In the morning of 23.8.1986 Gopi Ram was taken to the Khera Hospital, a private nursing home in Patel Nagar, where he was declared dead. Thereafter the deceased was removed to the RML Hospital where his MLC was prepared by Dr. Y.K. Mishra who declared the victim as brought dead. The record shows that the victim had been brought to the hospital by his nephew Sudesh Kumar (PW -9).