MALWINDER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Court of learned Sessions Judge, Rup Nagar, vide judgment/order dated 15.05.2001, while acquitting Inspector Didar Singh, has convicted and sentenced Sub Inspector Malwinder Singh, Constable Manjit Singh, Constable Gurcharan Singh and SPO Davinder Singh (here-in-after referred to as the appellants) to imprisonment for life with fine amounting to Rs. 5000/- and in default of payment of fine to further rigorous imprisonment for six months, under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, IPC) for committing the murder of Davinder Singh @ Kala (here-in-after referred to as the deceased) while in police custody. To challenge their conviction and punishment appellants have brought CRA No. 326-DB of 2002 and CRR No. 83 of 2002 has been preferred by Gurmukh Singh (father of the deceased) to assail acquittal of Inspector Didar Singh, which, in view of commonality of facts and circumstances, are proposed to be disposed of by this common judgment being passed in CRA No. 326-DB of 2002.

(2.) State is contesting the appeal while Inspector Didar Singh is contesting the criminal revision.

(3.) Case of the prosecution, stated in brief, is that in the context of FIR No. 146 dated 18.09.1999 recorded at Police Station, Kharar under Section 25 of the Arms Act, 1959 (Arms Act, for short), Inspector Didar Singh, appellant Malwinder Singh and a few other police personnel picked up Inderjit Singh, Supinder Singh, Karnail Singh and the deceased for interrogation, brought them to the premises of Criminal Investigating Agency (CIA, for short), Rup Nagar, inhumanly tortured them in separate cells, took the deceased to village Hassanpur on the pretext of recovery of concealed ammunition, made earth to be dug, firstly manually, then with the help of JCB machine (but nothing could be recovered), brought the deceased back to the CIA at or around 05.30 p.m., and resumed his interrogation. In the meantime SI Manvir Singh, who had joined the police party for the purpose of recovery, left the CIA at about 05.45 p.m. in connection with investigation of some other case and returned at about 08.15 p.m. and was told by the MHC Ranjit Singh (PW12) that while being interrogated by the appellants, condition of the deceased had deteriorated and SI Malwinder Singh had gone to bring a doctor. SI Manvir Singh told the MHC to inform Police Control Room (PCR, for short) and took the deceased to Civil Hospital, Rup Nagar where doctor declared him dead.