STATE Vs. BALAKRISHAN

JUDGEMENT

(1.) The State represented by the learned Public Prosecutor has chosen to challenge the sustainability of the acquittal of the respondents of offences punishable under Sections 342, 352 and 302 read with 34 Indian Penal Code recorded in S.C. No. 42 of 1983 by the learned Sessions Judge, West Thanjavur. The first respondent was the Inspector of Police, Tirukkattupalli Circle within whose jurisdiction Budalur Police Station was situated. The 2nd respondent was the then Sub-Inspector of Police. Budalur. The 3rd respondent was the head- constable; 4th respondnet the writer and the 5th respondent a police constable attached to the Budalur police station.

(2.) This prosecution relates to the alleged illegal custody of one Durairaj of Kadambakudi between 6-6-1981 and 11-6-1981 at Budalur Police Station and Manaiaripatti Beggars Rehabilitation Home and the ultimate death of Durairaj by hanging in the lock up of the Budalur Police Station, in the early hours of 11-6-1981.

(3.) The first charge was framed against all the respondents under Section 342 Indian Penal Code on the allegation, that on the instigation of the first respondent, the 3rd respondent and anotherhad taken into custody the deceased Durairaj on 6/06/1981 and kept him in illegal custody at the Budalur Police Station during which custody the deceased was beaten. The 2nd charge was framed against respondents 1 to 3 under Section 352 Indian Penal Code for having used criminal force otherwise than on grave and sudden provocation. The last charge was against all the respondents for having caused the death of deceased Durairaj by hanging him with a dhothi inside the lock up room. The indication was under Section 302 read with Section 34 Indian Penal Code.