SHIV SHANKAR PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two Criminal Revisions arise from the infamous Bhagalpor Blinding cases where some Police Officers had assumed the combined roles of prosecutor. Judge and executioner. They picked up persons who according to them had criminal records and who in their perception were habitual perpetrators of heinous crimes. Such persons were brought to the police station where they were made blind by pouring some irritant and corrosive substance into their eyes. Such unfortunate incidents took place in a number of police stations in the district of Bhagalpor. These two cases relating to Amarpur Police Station where the informant Jugal Beldar PW 1 was made blind by pouring some irritant and corrosive substance into his eyes some time between the morning of June20 to the afternoon of June 21, 1980.

(2.) According to the prosecution case a police party consisting of 7 accused persons including the two petitioners one in each of these two criminal revisions, arrested the informant from his house in village - Meghuabachhini in the forenoon of June 20, 1980 in connection with Amarpur PS. Case No. 15 (6) 80. Following his arrest the informant was kept in wrongful confinement, he was taken from place to place before being brought to the Amarpur Police Station in the night between June 20 and 21, 1980. There in the morning of June 21, 1980 the accused persons, including these two petitioners, in furtherance of their common intention caused grievous hurt in the eyes of the informant by pouring some irritant and corrosive substance as a result of which he lost his vision completely.

(3.) The investigation of the case was taken over by the C.B.I. which on conclusion of investigation submitted charge-sheet against seven accused persons who were tried for the offences under Sections 120 - Band 326 read with Section 34 of the Indian Penal Code. The petitioner in Cr. Rev. No. 851/1990 was also charged under Section 220 of the Penal Code.