RAM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Through the present application under Section 482 Cr.P.C. the applicants had prayed for quashing a criminal case No. 1561 of 1998, pending in the court of C.J.M. Bareilly, (State V. Rampal) under Sections 302, 307/34, I.P.C. It is stated the applicants were public servants protected under Section 197, Cr.P.C. and cognizance was taken upon a charge-sheet dated 20-12-1992 along with a sanction dated 29-12-1991 and the sanction was bad in law as the sanctioning authority did not take into consideration all the relevant papers. An objection to this effect was taken before the court below, but the same was disallowed on 6.8.1998.

(2.) The prosecution against the two applicants was launched through case Crime No. 164-A of 1995 for an incident that took place on 5.6.1995 at about 9.00 A.M. The report was lodged on the next day at about 7.10 P.M. Informant was one Lochan Singh. It was stated in the F.I.R. that on the date of occurrence while Ram Kishore and others were proceeding on a Bus towards their village home and the Bust reached Deochara crossing, the Sub-Inspector of Police, Ram Pal Singh, and his security guard Constable Gopal Singh dragged these persons out of the Bus. It was alleged further that Ram Pal Singh used his service Revolver and Gopal used his Machinegun and opened fire on the aforesaid Ram Kishore and others, as a result of which these persons suffered serious injuries. The incident was seen by several persons, who are named in the F.I.R. In consequence of the injuries Ram Kishore died and Amar Singh was in a critical condition. A report was sought to be made at Bhamaura Police Station to which these officials were attached, but no report was accepted. Accordingly, the compLalnt was made to the Superintendent of Police (Rural), Bareilly, and the case was started. It was stated on behalf of the present applicants that an F.I.R. was lodged by Ram Pal Singh at Bhamaura Police Station and three cases were instituted upon that F.I.R. Case Crime No.164 of 1995 was instituted for offences under Sections 147/148/149/307/393/224/225/332/330, I.P.C. against Ram Kishore and others, Case Crime No. 165 of 1995 was registered under Sections 4/25 of the Arms Act against Amar Singh only, and case Crime No. 166 of 1995 was recorded under Section 25 of the Arms Act against Ram Kishore alone. This report was lodged on 5.6.1995 at 1.45 P.M. for an incident that had allegedly taken place in Deochara at about 9.15 A.M. In this case the Police Officers had alleged that they had received source information that certain persons were travelling in the Bus with illegal arms. Accordingly, the Bus was intercepted at Deochara crossing. When these police officials stood near the Bus, Ram Kishore, Amar Singh and others jumped off the Bus and tried to escape. On suspicion, these persons were apprehended and a search was made in presence of Ram Vir Singh, S.O., and certain others. Amar was allegedly carrying a knife, Ram Kishore was having a 315 bore Tamancha with live cartridges therein. At that point of time Heera Lal, Kanshi Ram and others assembled there and wanted that the apprehended persons should be released. When the police party was taking the arrested persons towards Police Station, Heera Lal and others stopped them and those persons assaulted the police officials and caused serious injury on the head of Ram Pal and only then he used his service Revolver in self defence. Gopal was also injured.

(3.) Ram Pal was examined by a Doctor on the same day. The paper in Annexure '2' indicates that he suffered multiple injuries on the second and third left metacarpe bone. He had injuries on the head as well and other parts of his body. The injury report of Gopal indicates contusions on the shoulder, left elbow joint and lower part of back. All were simple injuries. He was examined at about 11.30 A.M. at the hospital. It may be mentioned that the injuries of Ram Pal also indicated as simple ones. At the time of his admission in the hospital, he was fully conscious. It is stated that a Magisterial enquiry was conducted into the matter and the Magistrate had found that the police officials had to resort to firing in self defence.