DEVU CHANDRAKALA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The instant Criminal Appeal is arising out of an order of acquittal passed in favour of accused 1 to 6 in S.C.No.83 of 2012 dtd. 20/1/2017. The accused 1 to 5 are the police personnel, attached with Yanam Police Station, Puducherry.

(2.) The necessary facts which are relevant for consideration of this appeal is as follows. On 9/11/2011, the deceased/victim Devu Sattibabu told her wife viz., Devu Chandrakala (P.W.1) that he would leave Kakinada. However, on the next day, she came to know that her husband was arrested by the accused 1 to 5 and were kept in the Police Station. Whileso, the P.W.1 with her sister-in-law, who is the P.W.2 has visited the Police station and confirmed that her husband was in the police station. When she saw her husband at the police station, his legs were chained and tied to the window. It is the further case of the prosecution that they have tortured him. Not able to withstand the torture, he had consumed poison, and subsequently succumbed to the poison. The police initially did not register any FIR. However, after the protest and dharna spearheaded by the wife and relatives of the deceased, an FIR in Cr.No.172 of 2011 was registered under Sec. 174 of Cr.P.C.

(3.) Subsequently, the said FIR has been forwarded to the CBCID and the investigation was taken up by P.W.27-Sundaramoorthy. Immediately, on taking up the investigation, he proceeded to the hospital and conducted an inquest on the body of the deceased, and also examined the some of the witnesses. After examining the witnesses viz., Sathiyanarayanan, Kadalee Srinivasarao, Padugo Balaraman, Meeraiya, Mohammed Abdul Rachide and others, he requested the Station House Officer of the Yanam Police Station to furnish the records in Crime No.172 of 2011. He has also examined the Village Administrative Officer and recorded his statement. On the basis of the statement of the witnesses and on records, he altered the FIR from Sec. 174 Cr.P.C to Sec. 342, 199, 201, 302 r/w 34 of I.P.C against the accused.