GOVINDBHAI SHIVABHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 30th November, 1999 passed in Sessions Case No. 172/91 by the Addl. Sessions Judge, Kheda at Nadiad. By virtue of the impugned judgment, the appellant-accused has been held guilty of the offence punishable under the provisions of sec. 304 Part-II of the Indian Penal Code and has been sentenced to rigorous imprisonment for 10 years with a fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for 2 years and the appellant-accused has also been convicted of the offence punishable under sec. 331 of the IPC and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for 1 year. The substantive sentences have been ordered to run concurrently.

(2.) The case of the prosecution against the appellant-accused was as under:

(3.) The appellant-accused was serving as a Senior Police Sub-Inspector at Petlad Rural Police Station. On 4th February, 1988, around 2.30 p.m., one Bhupendrabhai Chhotbhai Patel, an accused in Petlad Rural Police Station C.R.-II No. 15/88, against whom an offence had been registered under the provisions of sections 352, 504 and 506(2) of the IPC, had been arrested. At the time of his arrest, he was found to have consumed alcohol and, therefore, an offence under the provisions of Bombay Prohibition Act, 1949 was also registered against him and he was produced before the Judicial Magistrate First Class, Petlad (for Short 'JMFC') on 5th February, 1988 at 3.15 p.m. An application submitted by the appellant- accused seeking remand of Bhupendrabhai Chhotbhai was granted, and in pursuance of the order, the appellant was given custody of Bhupendrabhai Chhotabhai on 5.2.1988 at 3.20 p.m. for 24 hrs. Thereafter, at 2.30 a.m. on 6.2.1988, Bhupendrabhai Chhotabhai was found dead in the police custody and, therefore, an offence had been registered against the appellant and other four persons under the provisions of sec. 330 r/w sec. 34 of the IPC.