NAND LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal by Nand Lal and Mohammad Riaz against their sentence and conviction to undergo) two years' rigorous imprisonment under Section 304-A of the Indian Penal Code.

(2.) BOTH these accused-appellants were admittedly posted as Constables at Police Station Dhamaur, district Sultanpur. It is alleged that on 25th of September, 1979, at about 6-00 A. M., both these accused along with their respective rifles went to the house of Jageshar, resident of village Rasoolpur hamlet of Lauhar, police Station Dhamaur. Reaching there, they found Karia, Jageshar's son, on his cot. BOTH these accused are said to have apprehended Karia and took him towards the canal. They had given a beating to Karia and reaching the canal, they, with the butt end of their rifles, pushed Karia in the canal on account of which he drowned. Ultimately Jageshar, the father of Karia, moved the Superintendent of Police by means of an application, dated September 25, 1979, (Exhibit Ka-7), in this connection praying that action may be taken. Lateron, per order of the S. D. M. and after enquiry, the case was registered on September 25, 1979 at 7.05 P. M., at police station Kotwali. We may note here that the S. D. M. Shri Girish Chandra Chaturvedi (P. W. 1) got the dead body of Karia extracted from the canal on September 26, 1979, and he got inquest report and other relevant papers prepared under his supervision. The dead body was sealed and sent for autopsy. Autopsy on the dead body was done by Dr. S. P. Srivastava on September 27, 1979. He found the body in an advanced stage of decomposition. No fracture of skull bones was found. No injuries were found either external or internal. The death, according to the doctor was caused as a result of asphyxia due to drowning.

(3.) THE trial court came to the conclusion that the accused-appellants had arrested Karia from his house but when he was being taken, he managed to set himself free. He was chased by the accused-appellants and since the deceased had no option but to run towards the canal, he ran in that direction and.ultimately in order to save himself from the clutches of police he jumped in the canal on account of which he drowned. On the basis of this finding the trial court found that the charge under Section 304-A of the Indian Penal Code was made out against the accused-appellants and as such it sentenced and convicted them as above.