MADAN PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) In order to consider rival submissions, it is necessary to place brief facts of the case on record.

(2.) On 2/12/1999 a police party intercepted three persons in a routine patrolling duty and after exchange of firing two persons were apprehended but one person managed to run away. Said two injured-accused were arrested and three FIRs were lodged being Case Crime No. 228 of 1999, under Sec. 307 IPC and Case Crime No. 229 of 1999 as well as Case Crime No. 230 of 1999, under Sec. 25 Arms Act, Police Station Roza, District Shahjahanpur and accused Yaqub alias Gulam Khwaja and Arish were remanded to police custody. They were admitted in hospital and were under treatment and on advice of Doctors one of the accused, Yaqub when on the way to Spinal Surgery Unit of KGMC, Lucknow died on 4/12/1999. Post mortem was conducted wherein five injuries were found on his body.

(3.) In these circumstances, Saroon wife of deceased, Yaqub filed an application under Sec. 156(3) Cr.P.C. before Chief Judicial Magistrate, Shahjahanpur against police party, who have arrested deceased after exchange of firing with allegation that it was a death due to custodial torture. Said application was dismissed vide order dtd. 2/2/2001, however a revision thereof was allowed vide order dtd. 9/2/2001 and thereafter a FIR was lodged on 23/2/2001 against present applicant and other police personnel under Ss. 147, 148, 149, 302 IPC, Police Station Roza, District Shahjahanpur. After investigation a final report was submitted on 24/10/2001. A notice was also issued by Human Right Commission on basis of an application filed by wife of deceased-accused in which a report was submitted that deceased was rightly arrested and he died due to injuries suffered during his arrest despite proper treatment.