BAHLEN BALMUCHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Satyendra Singh, learned counsel for the petitioner and Mr. Sarvendra Kumar, J.C. to G.P.-I.

(2.) Reference in this case may be made to the order dated 15-4-2003 whereby this case was adjourned upon prayer made by the G.P.-I. The learned counsel for the petitioner states that pursuant to the said order, he served one more copy of the said petition under G.P.-I on 16-4-2003. Mr. Sarvendra Kumar, J.C. to G.P.-I concedes and submits that a copy of the writ application was in fact served upon the G.P.-I but they have not received any instructions till date. In that view of the matter, the right to file affidavit by the State in this case is now closed.

(3.) This is a case relating to custodial death and upon going through the pleadings made in the writ application, the conscience of this Court is shocked beyond words. A dacoity was committed on 27-7-1990 and upon receiving message, the police officers of the Jagannathpur Police Station proceeded to the place and apprehended three persons namely Udai Sharma alias Munna, Wilson alias Pappu and Jenson Kiro and took them into custody. The allegations are that thereafter these three persons were taken on a police jeep and were subjected to brutal assault by butt of rifle as also by iron rod and stouts. This resulted in the death of these persons. According to the learned counsel for the petitioner-Jenson Kiro died in the hospital while the other two died on the spot. A criminal case was registered being Jagannathpur Police Station Case No. 143/90 under Ss. 395/412, Indian Penal Code read with Ss. 258/26/27 of the Arms Act. This finally led to the accused persons being tried by the Second Additional Judicial Commissioner by Sessions Trial No. 551/93 and by judgment dated 27-3-1996 the said Court held that the police assaulted the three persons mentioned above, put them on the jeep and assaulted them with stout, butt of rifle and iron rod which led to their death. The relevant portion of the finding of the Court below referred to above is at paragraph 25 and it reads as follows :-