JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 and 2, who had been working as Police Constables in the East Police Station, Kollam, had been convicted by the Additional Sessions Judge-VI, Kollam in S.C.No.808/2008 for custodial murder, under Sections 302 and 348 r/w.34 of the Indian Penal Code (for short as 'the IPC '). They had been sentenced to undergo imprisonment for life each, and also liable to pay a fine of Rs.1,00,000/- (Rupees one lakh only) each under Section 302 r/w. Section 34 of IPC in default of payment of fine, they had been further sentenced to undergo rigorous imprisonment for a period of one year each. The court had further directed to pay the fine amount of Rs.2,00,000/- to the mother of the deceased. In addition to that, appellant Nos.1 and 2 had also been convicted for the offences under Sections 348 r/w.34 of IPC and had been sentenced to undergo rigorous imprisonment for two years each and a fine of Rs.10,000/- each under Section 348 r/w. Section 34 of IPC , in default of payment of fine to undergo rigorous imprisonment of six months each. Substantive sentences awarded under both the offences were ordered to run concurrently. The court below had directed the State Government to pay an amount of Rs.2,00,000/- (Rupees two lakhs only) as compensation to the mother of the deceased, within one month and recover the same equally from accused Nos.1 and 2, with simple interest at the rate of 8.75% per annum.

(2.) Facts, shorn of unnecessary details, as unfolded during trial, are mentioned herein below:- On 06.04.2005, at 01.00 pm, PW9 took custody of a person named Rajendran, who was found roaming around Sanker's hospital, Kollam. PW3-Shajahan was admitted at the same hospital as an inpatient and was undergoing treatment. His mobile phone was found missing from the room. While so, the security personnel attached to Sanker's hospital, Kollam found Rajendran loitering inside the hospital premises. The security personnel questioned his presence inside the hospital. He was not able to give satisfactory answers. Hence, the police was informed. On 06.04.2005, at about 12.45 noon, PW7, one of the Police Constables, on telephone duty, attached to the Police Control Room, Kollam received an information that a thief was detained at Sanker's Hospital, Kollam. PW7 was not aware of the details of the caller, as no caller ID was available. As usual, he recorded the information in Ext.P6 General Diary of the police control room as Ext.P6(a) at 12.45 p.m., in which CW9 who was the then duty officer put his initial acknowledging the act of PW7. Pending proceedings, CW9 passed away. As directed by the duty officer, PW8- the Police Constable on wireless duty immediately communicated the information to PW9, the Assistant Sub Inspector in charge of Mobile Jeep No.1 of the Control Room, Kollam City. On receiving the information, PW9 and the police party went to Sanker's Hospital at Kollam to apprehend the suspect. They went directly to the office of PW6- the then Administrative Officer of Sanker's Hospital, Kollam, who pointed out the suspect sitting in his room. PW6 maintained that he did not intimate or call the police to apprehend the suspect as alleged. However, he handed over the suspect to PW9 as required by them and the police went out from Sanker's Hospital along with the suspect at about 1.00 pm. PW9 entrusted the suspect to PW10, who was the Additional Sub Inspector, Kollam East Police Station, at 1.15 pm, along with MO1 mobile phone, Ext.P2 identity card and Ext.P3 railway season ticket. Thereafter, as CW9 was absent during the relevant time, PW9 had recorded the said entry in the control room General Diary (Ext.P6) as Ext.P6(b). At about 02.20 p.m., Rajendran was entrusted with accused Nos.1 and 2 who were members of the crime squad for interrogation in the presence of PW11-Pavizhasenan and PW12-Andrews, PW13- Sunny.A.Decrews and PW20-writer. Accused Nos.1 and 2 took Rajendran to Sardar Vallabhai Patel Police Museum at Kollam and tortured him for extracting confession from him. As a result of the torture, Rajendran sustained serious injuries and succumbed to the injuries later. It is alleged that accused Nos.1 and 2 assaulted the victim with an intention of causing death or with the intention of causing such bodily injury as the accused knew to be likely to cause death of the victim to whom the harm is caused and thereby committed offences punishable under Sections 348 and 302 r/w. section 34 of the IPC.

(3.) On 06.04.2005, PW18-Sugathan was working as Additional Sub Inspector of the East Police Station, Kollam. On that day, he along with PW23-Shamsudheen went outside to conduct investigation in connection with Crime No.187/2005. They arrested the accused in the said crime at 02.45 pm on the same day itself. The accused in Crime No.187/2005 was brought back to the police station and entrusted to the police constable who was on sentry duty. Thereafter, PW18 went to the police club for lunch. After having lunch, PW18 was engaged in connection with VVIP duties and returned to the police station at 07.40 pm only. He received reliable information that one Rajendran was brought from Sanker's hospital, Kollam in connection with a mobile phone theft case by the Sub Inspector of Police and party attached to the control room. He also received Ext.P1-intimation that the aforesaid Rajendran was questioned by the police and thereafter he had developed physical illness and was taken to the hospital at 06.30 pm and while so, he succumbed to the illness at 07.30 pm. Accordingly, PW18 registered Ext.P14-FIR under Section 174 of Cr.P.C for unnatural death. He had recorded the death of Rajendran in Ext.P8-General Diary stating the above facts. Over and above, PW18 entered in Ext.P8(e) that, pursuant to Ext.P1 intimation, Crime No.227/2005 under Section 174 Cr.P.C was registered. PW18 further recorded in Ext.P15(a)-official notebook that, Crime No.227/2005 was registered.