STATE OF M.P Vs. MOHINDAR KANWAR

JUDGEMENT

(1.) By way of this appeal, appellant/State has assailed the impugned judgment dtd. 11/8/2015 passed by Special Judge, Prevention of Atrocities Act, Dewas in Spl. Case No.1/2011 whereby the respondents have been acquitted of the charges under Sec. 307, 323, 325, 427, 342, 387 of IPC and Sec. 25(1-B)(a) of Arms Act and Sec. 13(1)(a) r/w 13(2) of Prevention of Corruption Act, 1988.

(2.) The prosecution story as emerged during trial is that on 4/3/2009 at about 20.45 pm complainant Umar Ali lodged report at P.S. Kotwali against the respondents and others to the effect that on 1/3/2009 at about 9.00 pm he along with his companion Nilesh was going from Indore to Bhopal by vehicle No. MP-04-MG-7695. At about 10.00 pm when they reached ahead of Santosh Dhaba, a jeep of police came from behind and signaled them to stop. When his friend Nilesh did not stop his motorcycle, police officer fired 5 rounds from his revolver which hit the motorcycle from rear side and after that police Jeep was rammed into motorcycle from behind. As soon as the complainant stopped the motorcycle, police officers TI, Pramod Sharma and 3-4 other police personnels got down from the jeep driven by the respondent - SDOP, Mohindar Kanwar himself. The above police officers along with other police staff had beaten the complainant and Nilesh for about 30-40 minutes with wooden stick. When some passerby persons tried to help them police force chased them away. In the incident complainant sustained injuries on his head, feet, neck, back mouth and chest. Similarly Nilesh also sustained injuries on his person. After that they were kept in police lockup and were not offered any food or water.

(3.) It has also been mentioned in the FIR that respondent - SDOP, Mohindar Kanwar from the mobile phone of complainant called his mother Fojiya and demanded a sum of Rs.10.00 Lacs and instructed her to come to Sehore. After that respondents leaving Nilesh in police lockup, in civil dress left for Bhopal by their aforesaid Jeep. After reaching Sehore bypass, SDOP from mobile phone of complainant Umar had conversation with mother of complainant and instructed her to come to Cresent Hotel. They themselves went towards Cresent Hotel and after sometime respondent - Mohindar Kanwar requisitioned some other jeep and along with that jeep and the jeep already with them, they went to Bhopal and stayed for some time nearby police station Talaiya, district Bhopal. After that complainant was brought back to Sonkatch and was produced before Superintendent of Police, Dewas and at the instance of SP, Dewas complainant was sent to Court for recording his statements. S.P. Dewas sent back the complainant to P.S. Kotwali for further proceedings. As per complainant, he and Nilesh were brutally beaten by the respondents and other police personnels for no fault of their own and money was demanded. With these allegations, FIR (Ex.P/23) was registered at P.S. Kotwali at crime No. 99/2009 on 5/3/2009 and investigation commenced. After completion of investigation, charge sheet was filed against the respondents and others.