MAZAHAR ALI Vs. STATE

JUDGEMENT

(1.) THE petitioners were chal-laned by the police of Police Station, Bakhshinagar, Jammu, and the challan was filed in the court. Charges for offences Under Sections 304/34 and 218 R. P. C. have been drawn up against them. They have approached this Court seeking bail during the pendency of the trial, since their prayer for being admitted to bail was rejected by the trial Court.

(2.) SHORN of details the prosecution allegations against the petitioners as emerging from the police report are that on 26-5-1981, petitioner No. 1 Maz-har Ali Shah, while posted as S. H. O. Police Station Bakhshinagar, Jammu, went to Janipora at about 2. 30 P. M. where one Moti Ram approached him and complained to him that one Inderjit a Harijan, was standing in the lane and was abusing him and threatening to beat him. Petitioner Mazhar Ali Shah thereupon called Devi Chand constable petitioner No. 2 and directed him to catch hold of Inderjit and produce him. On seeing the police coming towards him, Inderjit started running away. On seeing this Mazhar AH Shah, petitioner No. 1, fired a shot from his service revolver, which hit a drum placed on the roof of a building in the close vicinity. Inderjit then scaled a wall and entered into the house of one Ram Saran, from where he was apprehended by Mazhar Ali Shah and Devi Chand constable. He was brought to the market of Janipora and was given beating by petitioners 1 and 2 with sticks. Inderjit had received injuries on his hands from the glass pieces which had been embeded in the wall when he had scaled in his attempt to run away from the police. When he was brought to the market, he was bleeding from those injuries. He was sent to the Police Station Bakhshinagar along with. Devi Chand petitioner to, 2 in an Auto Riksha. A case Under Section 4/27 of the Indian Arms Act was registered against Inderjit. After handing over Inderju to Moharrir Head Constable of Bakhshi-nagar Police Station Devi Chand petitioner No. 2 went back, Mazhar Ali Shah later came to the police station at 4-30 PM. He called Inderjit and started interrogating him. During the course of the investigation, he himself and petitioner No- 3 also gave him beating. Inderjit was made to run on thorns and was constantly beaten. Surjit Singh A. S. I. who was present at the police station advised Mazhar Ali Shah not to give such beating to Inderjit, as due to heat Inderjit might, die of the beating but i the petitioners 1 and 3 continued with the beating despite the advise. Inderjit was then made to sit under a tree and was removed to the office inside the police station where at about 7 P. M. he succumbed to the injuries and died.

(3.) IT is further alleged that after the death of Inderjit, the lights of the police station were switched off and when some \ persons including a Municipal Councillor approached the police to enquire about the whereabouts of Inderjit late in the evening, the accused petitioners denied that Inderjit had been brought to the police station, even though he was lying dead at that time. Later the District Magistrate also reached the police station and the dead body was found. No information about the death of Inderjit had been given to the authorities by the petitioner Mazhar Ali Shah till the arrival of the District Magistrate. The Addl. District Magistrate, conducted the mquest into the death of Inderjit and submitted his report to the District Magistrate with the finding "that Inderjit had died on account of injuries inflicted on him while in police custody". The prosecution has' further alleged that the Toka, which was shown to have been recovered from the possession of Inderjit and on the basis of which the case Under Section 4/27 of the Arms Act had been registered against Inderjit deceased had in fact been taken from the house of Lalman Mahasha and later on foisted on the deceased, Inderjit. That later on with a view t6 make the offence of Inderjit look graver another offence Under Section 307, RPC was added to the said case, thus, making it appear that Inderjit deceased was arrested in a case Under Section 307 RPC and 4/27 Indian Arms Act. Apart from this tampering with the record, it is also alleged by the prosecution that petitioner Mazhar Ali Shah fabricated the entries in the daily diary of the police station to show his arrival at the police station at 18. 05 hours though in fact he had reached the police station at 4. 30 P. M, and had started administering beating to Inderjit deceased.