PARMANAND GANGA PRASAD Vs. EMPEROR

JUDGEMENT

(1.) THE prosecution Case is that on the night of 10th May 1939 a gold ring belonging to Puran and a gold mohar belonging to Khunde's son Himmat were stolen from their persons, while they were sleeping in the court-yard of Khunde. On report of the theft being made by Khunda (Ex. P-12 and P-13), investigation was first started by the accused Ishwari Prasad, head constable, and was subsequently taken up by the accused Parmanand Sub Inspector, on 12th May 1939. In Exs. P-12 and P-13 Khunde had definitely expressed his suspicion against Munde as it was he who was there at night shampooing the legs of Puran. The Sub-Inspector and the Head Constable Ishwari Prasad both suspected Munde but in all probability on Munde's version that Puran and Mt. Uddeti were bringing a false charge against Munde, they thought that the articles were with Puran and Uddeti. They took Puran, Mt. Uddeti and Munde to the Khalyan of Kanhai outside the village on 12th May 1939 with a view to extract confessions from them. Puran and Uddeti were first made to stand with hands and feet outstretched wide apart for about half an hour or so outside the Khalyan and Parmanand and Ishwari Prasad kicked them on their legs in order to keep them properly stretched. Subsequently Munde was made to sit on the ground inside the Khalyan and on the orders of the accused Parmanand and Ishwari Prasad the accused Bhaiyalal pressed his knees against Munde's back, while the other accused caught hold of his legs and stretched them wide apart. The accused Parmanand is alleged to have kicked Munde in the course of this operation which continued for a long time. Munde continued screaming aloud complaining of dislocation of his leg, but his wailinga were taken for false pretences. As a result of this torture, the left hip bona of Munde was found dislocated on medical examination on 16-5-1939 and inspite of medical treatment he succumbed on 22nd May 1939, Though the incident took place on 12th May 1939 Munde alone made a report on 16th May 1939 complaining of the torture inflicted on him. Puran and Uddeti did not make any complaint till after the investigation started on the complaint of Munde and during the investigation it also became clear that not only Munde but Puran and Uddeti also had been tortured for extracting confessions from them. It was then that for the first time reports were made by Puran and Uddeti on 26th of May 1939 and their reports are Exs. P-10 and P-ll.

(2.) THE police investigated into the allegations and inasmuch as it was a case against police officers, the City Inspector in charge of Saugor Kotwali by whom the report of Munde was first received, immediately brought the matter to the notice of the Superintendent of Police by Ex. P-5 and the District Superintendent of Police moved the Additional District Magistrate, Saugor, to depute a first class Magistrate to hold Magisterial enquiry under the Police Manual. Mr. Banerjee, Magistrate, first class, was then deputed to hold the inquiry and in the course of it he examined Munde at the Main Hospital, Saugor, on 17th May 1939. The accused Parmanand, Ishwari Prasad and Barelal were not present on 17th May 1939 when Munde was examined, but they were given an opportunity to cross-examine him on 20th of May 1939 after they were made aware of the examination-in chief that was recorded on 17th May 1939. Ex. P-6 is the deposition of Munde given by him on oath before Mr. Banerjee and the first information report given by Munde is Ex. P. 2 in the case.

(3.) THE learned Additional Sessions Judge who tried the case acquitted Barelal for want of proper evidence against him and acquitted all the accused of the offence under Section 302 read with Section 34 but found them guilty of the offence under Section 331 read with Section 34. Parmanand and Ishwari Prasad were found guilty of offences under Section 330 against Puran and Uddeti. The Additional Sessions Judge convicted the accused for these offences and sentenced them to various terms of imprisonment. The sentences against Parmanand are two years' rigorous imprisonment for the offence under Section 331 read with Section 34; six months' rigorous imprisonment for the offence under Section 330 against Puran, and six months' rigorous imprisonment for the offence under Section 330 against Uddeti. The sentences against Ishwari Prasad are two years' rigorous imprisonment for the offence under Section 331 read with Section 34, six months' rigorous imprisonment for the offence under Section 330 against Puran and six months' rigorous imprisonment for the offence under Section 330 against Uddeti. The sentences imposed on Parmanand and Ishwari Prasad were ordered to run concurrently. The other accused Babulal, Bhaiyalal, Janu and Roopsingh were each sentenced to four months' rigorous imprisonment for an offence under Section 331 read with Section 34, Penal Code. Against these convictions and sentences the accused have filed appeals. Criminal Appeal No. 380 of 1939 is the appeal filed by Parmanand. Criminal Appeal No. 381 of 1939 is filed by Ishwari Prasad. Criminal Appeal No. 391 of 1939 is a joint appeal by Babulal, Bhaiyalal, Janu and Roopsingh. The Provincial Government has filed an application for revision for enhancement of sentence against Parmanand, Sub-Inspector of Police, as he was the principal offender. This revision application is Criminal Revision No. 40 of 1940. All these were heard together and this judgment will govern them all.