REGENT COMPUTRONICS PVT. LTD.

ALOK DEB ROY Appellant

V/S

STATE OF ASSAM Respondents

Referred Judgements :-

MOHINDER SINGH V. STATE [REFERRED TO]
VADIVELU THEVAR V. STATE OF MADRAS [REFERRED TO]
HARICHAND SINGH V. STATE OF HARYANA [REFERRED TO]
SHIVAJI SAHABRAO BOBADE V. STATE OF MAHARASHTRA [REFERRED TO]
GLAN MAHTANI V. STATE OF MAHARASHTRA [REFERRED TO]
KALI RAM V. STATE OF H. P. [REFERRED TO]
BHAGWAN SINGH V. STATE OF HARYANA [REFERRED TO]
DUDH NATH PANDEY V. STATE OF U. P. [REFERRED TO]
RAGHUBIR SINGH V. STATE OF HARYANA [REFERRED TO]
RABINDRA KR. DEY V. STATE OF ORISSA [REFERRED TO]
STATE OF HARYANA V. RAM SINGH [REFERRED TO]
ANUP SINGH V. STATE OF H. P. [REFERRED TO]
PARAS LALLU MANJHI V. STATE OF JHARKHAND [REFERRED TO]
SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
PABITAR SINGH VS. STATE OF BIHAR [REFERRED TO]
LAXMAN VS. STATE OF MAHARASHTRA [REFERRED TO]
JAGIR SINGH VS. STATE DELHI [REFERRED TO]
SAT PAUL VS. DELHI ADMINISTRATION [REFERRED TO]
SUBHASH VS. STATE OF UTTAR PRADESH [REFERRED TO]
LAKSHMI SINGH VS. STATE OF BIHAR [REFERRED TO]
SADHU SINGH ALIAS SURYA PRATAP SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
SYAD AKBAR VS. STATE OF KARNATAKA [REFERRED TO]
BHAGWAN SINGH UTTAM CHAND VS. STATE OF PUNJAB [REFERRED TO]
STATE OF MADHYA PRADESH VS. SHYAMSUNDER TRIVEDI [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAMESH PRASAD MISRA [REFERRED TO]
BALU SONBA SHINDE VS. STATE OF MAHARASHTRA [REFERRED TO]
SARWAN SINGH VS. STATE OF PUNJAB [REFERRED TO]

JUDGEMENT

(1.) The appellants, four service men of the State Police Service have been indicted, tried and convicted for causing the death of one Bhrigu Malakar alias Bibhuti Malakar alias Kere (hereinafter referred to as 'Kere') while in their custody at Malugram Out Post, Silchar, Cachar. By the impugned judgment dated 18-8-01 passed by the learned Additional Sessions Judge, Cachar, Silchar in Session Case No. 6/97, the appellants in Criminal Appeal No. 274/01 and 292/01 have been convicted u/S. 302, I.P.C. and sentenced to R. I. for life with a fine of Rs. 1000/- each in default to suffer S.I. for one month. They were also convicted u/S. 342, I.P.C. and sentenced to undergo R.I. for one month each. The appellants in Criminal Appeal No. 272/01 have been convicted u/S. 304(11), I.P.C. and sentenced to undergo R.I. for a period of 4 years with a fine of Rs. 500/- each in default to suffer further S.I. for 15 days.

(2.) We have heard Mr. J. M. Choudhury, learned Senior Advocate Mr. A. K. Bhattacharjee, learned Senior Advocate, assisted by Mr. P. Katakey and Mr. B. Singh as well as Mr. N: Choudhury, Advocate for the ap-pelfants. Mr. P. Bora, learned P. P. Assam appeared on behalf of the State.

(3.) The case of the prosecution unfolds with the F.I.R. lodged by Sri Biplab Malakar, brother of the deceased 'Kere' on 28-8-96 with the Officer-in-charge, Silchar (Sadar) P. S. It was alleged therein that Shri Harekrishna Das, Daroga, Silchar Malugram Outpost with his companion police men and officers had arrested 'Kere' in the night on 24-8-96 and thereafter brought him to the Outpost. The informant named the appellants as well as one Shri Subodh Dutta, Constable and Shri Yatin Talukdar, Town Daroga, Silchar (Sadar) P. S. and alleged that they kept his brother at the Outpost for 2 days and 2 nights and assaulted him there to death. The F.I.R. disclosed that in the afternoon of 26-8-96 the body of the deceased was taken to the Silchar Sadar Hospital where he was declared dead.

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ALOK DEB ROY Vs. STATE OF ASSAM

Referred Judgements :-

JUDGEMENT

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