JASWANT RAI Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) Pritam Singh Inspector, Chaman Lal and Thakar Singh Sub-Inspector and Ram, Lubhaya Head Constable of police on a complaint made by Ram Dulara P.W. 3 on 8th October, 1959, to Shri Kesari Chand, Additional Deputy Inspector General, C.I.D. Police were sent up to stand their trial under Section 323, 331 and 330, Indian Penal Code, in the Court of Additional District Magistrate, Ludhiana, on 21st March, 1960.

(2.) Jaswant Rai and Ram Dulara P.Ws were arrested by the police in a theft case on 10th September, 1959. They are said to have been taken to the room of Pritam Singh accused on 12th September, 1959, where they were manhandled and tortured. The accused controverted these allegations and added that the two persons beat each other.

(3.) The learned Additional District Magistrate, Ludhiana, after recording part of the prosecution evidence, by his order dated the 17th February, 1961, discharged Thakar Singh. Sub-Inspector and Ram Lubhaya Head Constable accused. He proceeded to frame charges under Section 325 and 323 read with Section 34, Indian Penal Code, against Pritam Singh and Chaman Lal. Ram Dulara's revision petition against the order of the learned Additional District Magistrate, dated, 17 February, 1961, discharging the other two accused and declining to frame a charge under Section 331 Indian Penal Code against Inspector Pritam Singh and Sub-Inspector Chaman Lal was dismissed by the Court of Sessions on 3rd, 1961. His revision to the High Court also met the same fate. The case was subsequently transferred from the Court of the Additional District Magistrate, Ludhiana, by order of Khosla, J., dated 30th May, 1962, to the Court of Shri R.D. Sayal, Magistrate 1st Class, Jullundur. The entire evidence in the matter by then had been recorded. The learned Magistrate, Jullundur, after hearing the arguments acquired both the accused and while doing so observed -