SUNIL KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heared learned Counsels for the applicant, learned counsel for the complainant Sri G. S. Hajela and learned A.G.A.

(2.) This application is moved by the Sub-Inspector, Sunil Kumar Sharma seeking bail from this Court in a case of custodial death of one Vijay Kumar Ikka. The story as contained in the F.I.R. is that Vijay Ikka, cook of the school, was detained by police of P.S. Narholi, district Mathura in connection with the murder of Brother George. During his custody he was subjected to severe third degree treatment which ultimately resulted into his death. On 17-6-2000 at about 9.30 p.m. when the informant, Brother Emanuel, had gone to provide meals to Vijay Ikka at the police station, he learnt that he will be taken by Sub-Inspector (the applicant) and a constable Dinesh Upadhyay to police lines. According to Brother Emanuel, Vijay Ikka was about to be taken away by them. When he tried to make some enquiry, the applicant told him that he is being taken out under the instructions of Senior Superintendent of Police, Mathura, to his house. The informant suspected some foul play and requested that the deceased be taken by his own jeep. The informant took the applicantand the constable along with Vijay Ikka to the house of S.S.P. who was not present there. He had a talk with the reader of S.S.P. Sri Zamil Mohd. who was present at his residence. Zamil Mohd. accompanied Sunil Kumar Sharma who asked the informant to drop them at the police line. They also assured him that Vijay Ikka will be released after necessary interrogation. The informant dropped them at the police lines. The informant also contacted the S.H.O., P.S Narhauli but he took no action in the matter. At about 11.00 p.m. in the night of 17-6-2000, an information about the death of Vijay was communicated by Circle Officer at the school premsies. The deceased had expressed his apprehension a day before to the informant that he will be killed. According to the informant Vijay Ikka was murdered. On the first information report, a case was registered. The dead body was sent for post-mortem. The post-mortem examination revealed serious assault upon the victim at the police lines. He had as many as 9 injuries on his person. The post-mortem is indicative of asphyxia as the cause of his death. Out of 9 injuries, five were on the right side of the body. Both the eyes had haemmorhage. This clearly shows that this deceased has been beaten mercilessly and was strangulated to death. Both the lips were found blue and mouth was found half open.

(3.) The police has also lodged a report detailing its own version of the incident. In his own F.I.R. this Sub-Inspector (applicant) has accepted the presence of brother Emanuel and one of his friend and presence of constable Dinesh Upadhyay. He has also accepted that he has taken the deceased from police station Narholi for interrogation to the police lines treating the police line as a safe place for this purpose. He sat down there in the recreation club and started interrogating Vijay Ikka in the presence of brother Emanuel. He received some important informations from him within an hour. Brother Emanuel sought leave from the applicant at this juncture. After his departure, further interrogation continued in that connection. He had named, according to the Sub-Inspector (the applicant), 3 persons in connection with murder of Brother George. It is further stated by this applicant that at about 3.00 p.m. he had left the deceased in the custody of constable Kanti Prasad Sharma to take his meal and further interrogation with Vijay Ikka was to proceed thereafter. At about 6.15 pm. when he came back to the police lines he learnt that at about 6.00 p.m. the deceased had gone to evacuate and had locked himself inside the lavatory. When he did not come out for 10-15 minutes, constable Kanti Prasad Sharma called him Vijay Ikka did not respond. He pushed the door of the lavatory but it did not open. Then the other officials were contacted including the applicant. They rushed to the lavatory and tried to open the door by applying force. The door did not open. The door leaves were ultimately got opened.. They found Vijay Ikka lying in an unconscious state inside the lavatory. An Angochha (a local garment used for drying body) was found wrapped around his neck. He was found hanging from the window. The information about his death was communicated to P.S. Kotwali. So according to this applicant and his F.I.R. Vijay Ikka committed suicide.