BHASKAR SITARAM NARULE Vs. STATE OF MAHARASHATRA

JUDGEMENT

(1.) THE instant case is yet another illustration of the sordid and horrible affair that happened in an important pillar of our criminal justice delivery system. To make it more clear, it may be stated that here is the case where police officers who have secured number of prizes for good, meritorious work, prompt and sincere duties are indicted by their own colleague which endevour to perform their solemn duty of investigation to lay hands on the offenders. The police officers/ accused are raising voice against their own colleague of false implication for serious charges of murder etc. The reason quoted is pressure of a section of society. P. Ws. including i. Os. have given some admissions in the evidence which are claimed to be honest, spontaneous depiction of truth, but apparently smacking of some ill motive. Even close relations of the victim are giving unbelievable stories, making it virtually impossible for the court to sift grain from the chaff, which is a paramount court duty to punish the offenders. Needless to mention that whole system needs introspection, perhaps overhaul, as expressed by the Apex Court in its decisions delivered many years ago, so also in view of the Reports of Law Commission. Attention of all concerned needs to be attracted so as to prevent the system from collapse and for restoring faith of the common people in it.

(2.) NO wonder that the accused/convict who have been convicted for the offences under Sections 330, 324, 354, 355 r/w section 34 of the IPC have preferred appeals against their conviction, the State has also preferred appeals to challenge their acquittal for the offence under section 302 of the IPC and to claim enhancement in the sentences awarded for the offences those are proved.

(3.) TO begin with, the prosecution case shorn of unnecessary details first. Accused no. 1 Bhaskar Sitaram Narule, P. I. was working in the Crime Branch, Nagpur. All other accused i. e. Accused No. 2, A. P. I. Yashwant Mukaji karade, accused No. 3 P. S. I. Rambhau vitthalrao Kadu, accused No. 4 P. C. (B. No. 2572)Jahiruddin Bashirmiyya Deshmukh, accused No. 5 P. C. (B. No. 2180) Nilkanth panduran Chaurpagar, accused No. 6 (P. C.) (B. No. 2982) Namdeo Natthuji Ganeshkar, accused no. 7 P. C. (B. No. 2270) Ramesh Tukaram bhoyar, accused No. 8 P. C. (B. No. 3031) Ashok bhawani Gulam Shukla, accused No. 9 P. C. (B. No. 1784) Sudhakar Marotrao Thakare and accused No. 10, P. C. (B. No. 1417) Raghunath barkuji Bhakte were working as the officials under him in the said Crime Branch. On 25--6-1993, when P. I. Narule was on duties, one Head constable Telgudiya (P. W. 48) who was working at Police Station Deolapar and residing at Police Line Ajni, came to him. He was accompanied by three guests by name ganeshprasad, Arunkumar and Kashiram. They informed him that they have been looted in one hotel. P. I. Narule made inquiry as to whether any complaint was filed, H. C. Telguidya answered in negative. It was disclosed that ganeshprasad and Arunkumar were looted in india Sun Hotel about 8 days prior to that date and they had not filed any complaint, as they belonged to different places, when these facts were disclosed, he noted them. On that night, all other accused working under accused No. 1 p. I. Narule, went for patrolling duty. Above mentioned Ganeshprasad etc. were with them. Driver P. C. Vijay Thengde (P. W. 41) was driving their vehicle. They all then went to the house of Head Constable Madhavrao Telgudiya in the Police Line, Ajni. H. C. Telgudiya took all of them to the house of suspect Anthony. Thereafter some of the accused alongwith ganeshprasad, Arunkumar, Kashiram and P. C. Ganesh Bhoyar, went to the house of deceased joinus Adam Illamatti. At that time, it was about 1 a. m. on 24-6-1993. The door of the house was knocked. It was opened and this police men, who were in civil dresses, told that one anthony had looted those persons. It is alleged that the family members of the said Joinus including the wife Zarina, who is examined as p. W. 1, had told that there was person by name anthony and he was 'joinus'. It is alleged that at that time Joinus had returned from his duties as Khalasi of Railway Department and slept after taking meals. It is also the case of the prosecution that prior to dinner and sleeping thereafter, he had consumed some liquor. Later on Joinus was taken away by the police party towards the Van in which they had come and which was parked outside, near on chowk, by accused No. 1 P. I. Narule and Accused No. 2 p. S. I. Kadu. It is alleged that on way to the van, Joinus was beaten by some of the accused persons. It is alleged that some of the accused had out-raged P. W. 1 Zarina's modesty on the pretext of taking her search in the house. Joinus was beaten by some of the accused persons by sticks. Thereafter, Joinus P. W. 1 Zarina and her relatives namely P. W. 2 Stanley Patridick, P. W. 3 richard Zavier Abraham (Brothers) and P. W. 4 stenis laus (Daughter) were also taken in the van to Rani Kothi where the office of Crime branch was situated. It is alleged that Joinus was then taken inside the office, whereas the other relatives including these P. W. 1, P. W. 2, p. W. 3, and P. W. 4 were asked to sit outside. At that time it is alleged, they had heard shouts of Joinus "save me, I am not that person, etc. ", precisely to mean that he was shouting because of beating by some of the accused persons to get information as to who was Anthony and whether he was the same person. It is alleged that thereafter he was brought out of Rani Kothi i. e. out of Crime Branch office and at that time he was in naked condition. Thereafter P. W. 1 zarina was called. She noticed that Joinus had injuries on his person. It is alleged that one of the accused tried to remove her Saree with a view to tease her. Thereafter her brother-in-law called inside and questioned. Thereafter joinus was taken out of Rani Kothi. He was brought to police van and along with all the parties i. e. including P. Ws. , they were taken to hotel Hill Top where Joinus was alighted from the van and he was beaten by kick and fist blows. He was again taken to some other Hotel in the vicinity allegedly for inquiry regarding looting incident with Arunkumar and ganeshprasad. It is alleged that injures were noticed on his person, which were clear marks of violence by accused. It is also alleged that blood was seen coming from his nose and mouth, so also swelling was noticed on the neck and abdominal portion. It is alleged that he was unable to walk properly at that time. Thereafter, the van was taken to Crime Branch lock up and deceased Joinus was kept in the lock up. It may be stated that at that time there were guards on lock-up duty and two inmates in the lock up. The inmates in the said lock up were P. W. 21 kisan Dadu Khadode and P. W. 33 Sadashiv Deorao Bawane. It is alleged that in the Lockup Register Joinus was shown to have been arrested for the offence under Section 68 of the bombay Police Act. The relevant entry was made in the said Lock-up Register. At that time his condition was good. Joinus was kept in the lock up at about 3. 55 a. m. In the morning at about 7. 30 a. m. or so, the lock-up guard noticed that there were no movements by Joinus. The inmates of the lock up were asked to verify his condition and they noticed that there was no breathing. Thereafter the matter was reported to the Control Room. Thereafter the matter was reported to Police Station Sadar and A. D. was registered. The investigation/inquiry was conducted in the said A. D. . The Executive magistrate was called for inquest panchanama. Accordingly, the inquest panchanama on the dead body was prepared in the lock up. This investigation of A. D. was conducted by P. W. 65, p. S. I. Oza. The inquest panchanama was done in presence of P. W. 3 Richard considering the circumstances of the case by the Executive magistrate P. W. 15 Sakur Mohammad. The photographs of the dead body were taken by p. W. 11 Keshav Bhoyar. The body of deceased joinus was sent for autopsy. The post-mortem on the dead body was conducted by P. W. 49 dr. Kevliya. The relevant P. M. Report was tendered to the I. O. P. S. I. Oza. It may be stated that as there was death in the custody, there was apprehension of law and order because the deceased was of Christian community, and in mayo Hospital where the P. M. was conducted, lot of people had gathered. It was advised to the wife of deceased Joinus i. e. P. W. 1 Zarina not to take possession of the dead body, by some of the members of Christian community. It is further necessary to mention that P. S. I. Oza during investigation had recorded statement of p. W. 1 Zarina at the direction of P. W. 66 Dy. S. P. Godbole. It is alleged that this statement was recorded sometime about 7 p. m. Prior to that; it is alleged that, P. W. 1 Zarina was not knowing that Joinus had expired. P. M. Report had disclosed that the death of Joinus was due to shock due to injuries described in Column no. 17 of the Report Exh. 297, which mentioned in all 23 injuries, in which majority were contusions all over the body. Viscera and blood sample were preserved for Chemical Analysis. As there were allegations of beating to P. W. 1 zarina, wife of deceased Joinus, she was also medically examined and some contusions were found on both sides of her buttock. The medical examination was carried out at about 4. 30 p. m. and even on the second time on the same day at about 7. 10 p. m. It may be further stated that p. S. I. Oza then treated the statement of P. W. 1 zarina as F. I. R. and the offence was registered against all the accused persons who were the members of patrolling party and who had apprehended the said Joinus from his house and had taken him from his house to Rani Kothi, thereafter to some Hotels and lastly to lock up. The identity of these accused was gathered from the note made in the Movement Register while leaving the Crime Branch Office for patrolling at about 11 a. m. on 23-6-1993. The offence under Sections 302, 330, 342, 354, 355, 323 r/w 34 of the I. P. C. bearing Crime No. 438/93 was registered at Police Station, Sadar. It was registered at the instance of P. S. I. Oza.