MATTER OF STATE Vs. WASIMUDDIN

JUDGEMENT

(1.) The present appeal has been preferred by the State through Special Police Establishment, CBI, Patna to challenge the judgment of acquittal passed by learned 14th Additional Sessions Judge, Patna in a batch of Criminal Appeals bearing no; 301 of 1987, 307 of 1987 and 303 of 1987 on the 9th day of Aug., 1999 by which the judgement of conviction and order of sentence passed upon the three respondents by Special Magistrate, C.B.I., Patna on 31.8.1987 in Trial No.2 of 1987 arising out of RC 12 and 13 of 1981 was set aside and the three respondents were acquitted of the charges under Sections 120B read with 326, 220 and 109 of the IPC.

(2.) On 24.7.1980 the respondents along with one S..Hembram, who was on that day Dy.S.P., Nathnagar, Bhagalpur recorded their departure from Sabour police station at 12.15 hours in Station Diary Entry no.408 dated 24.7.1980(Ext-2) showing the purpose of the departure to arrest the criminals. Ten persons were taken into custody from two different village, Lakshmipur and Khirjan; they were Lakhi Beldar(P.W.1), Shankar Tanti(P.W.2) Saldeo Tanti(not examined), Anirudha Tanti(P.W.7) all of village Laxmipur, Putul Tanti, Baldeo Tanti, Jagdish Mandal, Wakil Tanti(P.W.4), Dhanna Tanti(P.W.3) and Paran Tanti all of village Khirjan at or about 3 to 4 A.M. on 25.7.1980. They were brought to Simro Salpur School and were detained there for the whole day on 25.7.1980. Out of the above noted ten persons, Dhanna Tanti(P.W.3) and Paran Tanti(not examined) were let off from Simro Salpur School whereas the remaining eight persons were brought to Sabour police station. The arrival of eight arrested accused persons along with the respondents was entered into Station Diary Entry No.438 dated 26.7.1980 at 20 hours, i.e., 8 P.M.(Ext-2/1 and they were shown detained for two days. The same entry Ext-2/1 indicated that Lakhi Beldar(P.W.1) and Shanker Tanti(P.W.2) and others were shown arrested in connection with Sabour P.S.Case No.11(7) of 1980 under Sections 399, 402, etc Penal Code and 27 of the Arms Act by the police party consisting of the respondents and other police personnel. The arrest was allegedly made somewhere at village-Alang Pargarhi. While Lakhi Beldar(P.W.1) and Shanker Tanti were in police custody, as per the prosecution case, respondents Md. Wasimuddin and others caused grievous hurt to their eyes by piercing a sharp pointed weapon like Takua into them and by pouring some corrosive substance resulting in the permanent deprivation of their visions and also caused simple hurt to them. Lakhi Beldar(P.W.1) and Shankar Tanti(P.W.2) along with six others, as per the prosecution story, were wrongfully confined at Sabour police station by the accused police officers till 11 A.M. of 28.7.1980. Wakil Tanti(P.W.4) was let off from the police station at the intervention of a person whereas the other arrested persons, like, P.Ws. 1 and 2 were asked to pay bribe for being freed else, were threatened to be blinded in the manner as just stated. The story further states that P.Ws.1 and 2 were blinded one after the other by respondent Md. Wasimuddin and other police officers and constables and they along with others were sent to Bhagalpur and by obtaining an illegal remand order, were sent to Bhagalpur jail. In order to cover up the wrongful confinement of seven arrested persons at the police station, respondent Md. Wasimuddin and other police officials posted there, created record, thats Station Diary Entry (SDE for short)No.450 dated 27.7.1980(Ext-2/2) at 18 hours which indicated as if the arrested persons had been sent to Bhagalpur from Sabour police station for being remanded in connection with above noted Sabour P.S.Case No.11(7)80(Ext-11). In fact the investigation indicated that the illegally arrested and detained persons, like, P.Ws.1, 2 and others had been sent to Bhagalpur Civil Court and from there to Central Jail, Bhagalpur on 28.7.1980 at 11 A.M. and they were admitted to the said jail.

(3.) Some of the documentary and oral evidences indicate that on being admitted into the Bhagalpur jail, some injuries were noticed by the jail authorities in the eyes of P.Ws.1 and 2 and, as such, they were sent to jail hospital and were admitted there and were checked up by the jail doctor and injuries in their eyes were recorded as may appear from Ext-16 which is hospital register of the jail hospital and the entries in the above respect appears at serials no.118/860 dated 28.7.1980 and 119/161 dated 28.7.1980.