BRINDA BAN MOURIA Vs. STATE OF U P

JUDGEMENT

(1.) WHAT a tragedy it is to find that the police personnel have manoeuvred the record in such a manner that the real culprit cannot be brought to book for the loss of life of a young man in police custody. Before entering into the merits of tie appeal, it may be relevant to mention here that it can not be disputed that the death of one Dharmdeo has taken place when he was in police custody,. When the protector of the law becomes the wrecker of the law, it is well-nigh impossible to secure protection for the citizens, as the casualties are the law and protection both. From the facts and circumstances it appears that various police officers posted in the Police Station Harpur Budhat Gorakhpur, on 20-10-1982 were squarely responsible for not entending security to the arrested person.

(2.) THIS appeal was filed by Brindaban Maurya, Mundrika and Ram Asrey against the judgment of the Additional Sessions Judge (Special Judge), Gorakhpur in Sessions Trial No. 579 of 1983 dated 15-5-1986 convicting appellant Mundrika under section 302 IPC and Brindaban and Ram Asrey under section 302/34 IPC and sentencing all to imprisonment for life.

(3.) THE prosecution case is that PW 1 Smt. Kabutra had sown gram in her field lying in northern part of village Raghunathpur, police-station-Harpur Budhat, district-Gorakhpur. Four persons, namely, Ori, Lachhan, Ragghu and Musafir were found up-rooting the crop on 19-10-1982 which was objected to by PW 1 Smt. Kabutra and Shyam Lal, younger brother of the husband of Smt. Kubutra, i.e. uncle of Dharamdeo. THEy did not pay any heed. On 20-10-1982 Ori and Lachhan were up-rooting remaining crop and were also ploughing it. Smt. Kabutra and Shyam Lal again protested. PW 2 Shivdass who was going to his nearby field with plough rushed there. At that point of time appellant Mundrika accompanied by Musafir and Gabbu reached there and Mundrika threatened to finish the entire family of Smt. Kabutra saying that the matter will be decided through the police-station and Mundrika proceeded to the polices-station. Shyam Lal is said to have taken an application to the said police-station and handed it over to PW 4 Gorakh Singh, Station Officer alleging therein that Ori and Lachhan were trying to dispossess Smt. Kabutra forcibly and there was an apprehension of the breach of peace. PW 5 Shambhu Singh, Sub-Inspector posted at the police-station was directed by the Station Officer to go to the site and do the needful. This order was carried through head-constable along with application of Shyam Lal for contacting PW 5 Shambhu Singh somewhere in the village for which place he had already gone in the morning. Consequently Ram Asrey appellant, a constable in the police-station, went on a Jeep and met PW 5 Shambhu Singh near village-Parmeshwarpur who was having two constables with him. Consequently all the four, i.e., PW 5 Shambhu Singh, appellant Ram Asrey, constable, and two other constables reached the site around 10.30 A.M. and found that a crowd had collected there which included Dharamdeo (deceased) Shyam Lal, Ori and Ram Makshtra who was grappling and exchanging hot words. Consequently, these four were arrested under section 151 CrPC and they reached the police-station-Harpur Budhat around 12.30 P.M when PW 4 Gorakh Singh was present. An entry was made in the general diary report no. 115 (Ext. Ka 3) about the arrival of four persons. PW 6 Bhullar Prasad constable who was on guard duty to transfer those four arrested person from custody into police lock up.