DARYAO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is filed by the accused-appellants challenging the impugned judgment dated 8.8.97 passed by the learned Special Judge for SC/ST (Prevention of Atrocities) Act, Udaipur in Sessions Case No. 4/95 convicting the accused-appellants for the offence under Section 302/34, I.PC. for life imprisonment and a fine of Rs. 1,000/- (Rupees one thousand only) to each of the accused and in default of payment of fine, to further undergo five months' simple imprisonment on the grounds mentioned in the memo of appeal and also canvassed before us.

(2.) With the assistance of the learned counsel tor the accused-appellants and the learned Public Prosecutor, we have scrutinised and reappreciated the evidence on record.

(3.) On reappreciation of the evidence, the prosecution story as disclosed by it, is that a written complaint was filed on 22.12.94 before the Deputy Inspector General of Police, Udaipur Range, Udaipur by one Himmat Singh Rajput r/o Bansi to the effect that four days ago, his brother Gopal Singh was arrested by the police of Police Station, Dhariyavad and was produced before the S.D.M. Kanod and was taken on police remand. It is then alleged that while he was in police custody on such remand, the staff of Police Station, Dhariyavad assaulted him very severely as a result of which he died in custody. On the complaint of this custodial death, investigation was ordered by the Deputy Inspector General of Police, Udaipur Range, Udaipur and on completion of investigation, challan was filed only against the present accused Mohan Lal and Daryao Singh.