MANGLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arising out of the same judgment of the learned Additional Sessions Judge (Fast Track), Parbatsar dated 25.11.2003, relating to FIR No.34/96, Police Station Makrana in Sessions Case No.13/2002 (58/98), therefore, they are being disposed of by this common judgment.

(2.) The facts leading to this appeal are that one Jitendra Singh lodged a FIR at police station Makrana on 26.1.96 at 10 p.m. that he and Dalveer Singh both went at the hotel situated near the petrol pump for taking food, where, three persons came down from the car and started beating Dalveer Singh. Out of these three one was Anwar Ahmed S/o Mia Mahmood and another was Anwar Ahmed, whose father's name he does not know and one more person gave beating with fists and legs. The persons standing in the hotel intervened and then they ran towards the police station. Meanwhile, two police constables came and they also started beating. At police station, one ASI Pratap Ram and three more constables were there. They all also gave beating to Dalveer Singh. Dalveer Singh asked for water but it was not provided to him and for 1 1/2 hour beating continued at the police station, whereby, Dalveer Singh became unconscious. The C.I. of the police station also came out from the room and on seeing the condition of Dalveer Singh, he was taken to hospital by Mahaveer Singh, but by the time they reached to the hospital, Dalveer Singh died.

(3.) Upon this report, a case for offence under Sections 341, 323, 342 and 302 Penal Code was registered. After investigation, six persons were challaned, out of which three persons were police constables appellants. The learned trial Judge framed the charges against accused Anwar Hussain S/o Gulabnabi, Anwar Hussain S/o Hajimia and Mohd. Yusuf S/o Ramjan Kureshi for offence under Sec. 308, in alternative under Sec. 308/34, 341 and 323 Penal Code and the police constables appellants were charged for offence under Sec. 304 Penal Code and in alternative 304/34, 342, 323 IPC, to which they pleaded not guilty. Prosecution examined 21 witnesses. Statements of the accused were recorded under Sec. 313 Crimial P.C. No defence was led.