SIDDHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Murahoo alias Manendra (hereinafter referred to as 'the deceased'), a young and able bodied man aged twenty seven years met tragic death while in police custody of Golhaura police station in 1998. Petitioners No. 1 and 2 are the father and mother and petitioner No. 3 is the widow of the deceased.

(2.) The case of the petitioners is that deceased, the sole bread winner of the family was taken to the police station on 14-10-1998, kept in lock up and was done to death by the police officials. The case of respondents-police officers including Superintendent of Police, Siddharthnagar is that the deceased, while in police lock-up, committed suicide.

(3.) The facts adumbrated in the pleading of the parties may be stated thus : An F.I.R. was lodged on 10-10-1998 by one Jugul Kishore Tiwari alleging that his daughter was enticed away by the deceased and two others. On the basis of the said report police registered case crime No. 91 of 1998, under Sections 363/366, I.P.C. and the deceased, it is alleged, was arrested on 14-10-1998 at 4 p.m. from the medicine shop of Jugal Kishore Tiwari by a constable. He was taken to the police station and kept in the lock up for three days, mercilessly beaten, as a consequence he breathed his last. The police took the dead body for post mortem examination and could manage to obtain a report that the deceased died as a result of hanging and thereafter cremated it. Uncle of the deceased moved the Court under S. 156(3) Cr. P. C. and pursuant to the direction of the court, first information report under Sections 302/384/342/323/201/504/506, I.P.C. read with Section 3 of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act was registered against the police personnel who committed murder.