GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN indigenous method of detecting the crime and extorting confession by taking law into one's own hand and substituting Panchay-at for police has come to light in this appeal. The accused wanted to detect the criminals of a theft-case, punishing them on the spot, extorting confession, made recoveries and declared that the trial is over, but the rule of law has brought them to trial.

(2.) THE incident happened on January 30, and 31, 1972 when a theft was committed at the residence of Chandkaran. THE suspect was that the theft was committed by Gordhan (PW4), Banney Singh (Pw5), Prabhu (Pw7 ). Ghanshyam, Sarpanch of Panchayat Ora, who happened to be uncle of Chandkaran, called a Panchayat and these above witnesses (PW4, Pvv5 & Pw7) were called as accused for an interrogation in the night between 30th and 31st January, 1972- None of them confessed and they denied the charges. THE indigenous method to torture them was then adopted by putting them in the room in the night and, calling the Panchayat again in the morning, for the whole of the day, the Panchayat conducted interrogation and enquiry, but with no result.

(3.) ABRASIONS at three places on left wrist and two places on right wrist superficial in nature. Prabhu (Pw7) 1. Multiple and intermingled contusions on both the sides of back over scapulas and in the middle of the back in an area of 6"x8". 2. Contusion 3"'x1/2" and 2"x 1/2" on right buttock, 3. Contusion 3"x 1/2" on left buttock. 4. Contusion 1/2"x 1/2"on left forehead. 5. Contusion 1" only breadth over the back of both wrists, 6. Contusion 1/2"x 1/4" on case of left index finger. 7. Complaints of pain both hands, slight swelling is seen on both hands, dorsal side. 8. Bruise 1/2"x 1/4" on right foot. 9. Contusion l"x 1/4" on left foot. Banney Singh (Pw5) 1. Swelling and tenderness on lateral side of right ankle and foot 2. Slight swelling on the outer side of left ankle. 3. Bruise 3"x 1/4" on outer side upper one third left side. 4. Contusion l"x 1/2" over the left tip joint. 5. Five abrasions on the back sizes 2-1/2"x1/2", 2"x1/2", 2"x1", 1"x1/2",1/2"x1/2" 6. Bruise 1/4"x 1/4" behind the right ear. 7. Abrasion lenier x 1/4" on right side of noes. 8. Contusion 1/4"x 1/2" on left wrist. 7. At the contusion of the trial, the appellants-accused were convicted and sentenced as under: Chandkaran & Ghanshyam U/s 326, IPC 5 year's RI with fine of Rs. 1000/- in default 6 months R. I. U/s 331 IPC 2 years' R. I. with fine of Rs. 1000/- in default 6 months R. I. U/s 342, IPC 3 months' R. I. U/s 323, IPC 1 months' R. I. U/s 330/149 IPC 2 year's R. I. with fine of Rs. 500/- in default 3 months R. I. U/s 147, IPC 6 months' R. I. Bhauthi, Raju, Ramnarain, Pratap, Karan, Vishembhar, Dhanphool, Kinduri, Guteri: U/s 147, IPC 6 months R. I. U/s 326/149, IPC 3 years' R. I. with fine of Rs. 1000/-, in default 6 months' R. I. U/s 330 IPC 2 years' R. I. with fine of Rs. 500/-, in default 3 months' R. I. U/s 331/149, IPC 2 years' R. I. with fine of Rs. 1000/- in default 6 months' R. I. U/s 342, IPC 3 months' R. I. U/s 323, IPC 3 months' R. I.