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Delhi Custodial Death Case-Police office R.P. Tyagi Convicted

Delhi Custodial Death Case-Police office R.P. Tyagi Convicted

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Published by Sampath Bulusu

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Published by: Sampath Bulusu on Oct 26, 2012
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TikaRamVs.(1)R.P.Tyagi(2)TejSingh(3)GurdassRam(4)K.P.Singh(5)SurenderPal(6)Jagdish(7)KanwarLal(8)Narender(9)Dr.A.K.Verma(10)NarenderGupta(11)ChanderKumarSharma(12)ManojKumarU/s.168/201/217/218/302/325/323/343/347/120B/34IPC&24D.P. ActComplaint Case no. 98/1987PS. Vivek Vihar
Pr. :- Sh. Zenul Abedeen, APP for State. AllaccusedpersonsonbailexceptaccusedR.P.Tyagi who is in J/C.Sh. Sanjay Gupta advocate for accused R.P. Tyagi.Sh. Mukesh Kalia advocate for accused Tej Singh.Sh. S.K. Ahluwalia adv. for accused Gurdas Ram.Sh. Jai Gopal Garg advocate for accused K.P. Singh,Narender,ChanderKumarSharmaandManojKumar.Sh. Arvind Kumar advocate for accused Surenderand Kanwar Pal.Sh. R.S Juneja advocate for accused Ct. Narenderand Ct. Jagdish.Sh. N.K. Sharma advocate for accused Dr. A.K.Verma.
knife at Circular Road. Ct. Rishipal (as he then was) went thereand if this witness is believed, he found one Mahender and RamKumar there. On being challenged, both of latters startedgrippling with him. Ram Kumar stabbed him in chest andMahinder Kumar gave him beatings after snatching his owndanda. An FIR No. 259/87 was registered in this regard, on thestatement of Ct. Narender in PS Vivek Vihar.2. In the intervening night of 24 and 25 August 1987 both of said two accused were admitted in SDN hospital havinsustained injuries ostensiblyby beating. Mahender was shiftedto LNJP hospital where he died on 25/08/1987. As it appearedan unnatural death, area SDM S.S Rathore (Pw1) conductedinquest about cause of his death, on being nominated by ADMHead Quarter. Sh. S.S Rathore (Pw1) was transferred from thepost of SDM. Sh. Parimal Rai (Dw 7) next SDM, submitted hisreport Ex.Dw7/A, after recording statements of several witnesses.3. SDM Sh. S.S Rathore found involvement of the police inthat crime and recommended registration of FIR against thepolice of PS Vivek Vihar for offence U/S 304 IPC. Police did notlodge any FIR. Sh. Parimal Rai (Dw7) again conducted inquestand did not agree with his predecessor. He reached a conclusionthat Mahender Kumar had sustained injuries on being beaten by the public. It did not satisfy family members of deceased
particularly his father. The latter left no door unknocked inbringing the law into motion. Same filed several complaints tovarious authorities from Prime Minister, Home Minister, Lt.Governor of Delhi, Commissioner of Police to local SDM andeditors of most of newspapers. A member of MCD, Satish Aggarwal (Pw2) also talked to SHO on behalf of complainant.Ultimately a case FIR no. 59/88 was registered for offencepunishable U/s 304/34 IPC . This case was sent to concernedMM, KKD, Delhi as 'untraced' which was accepted by the thenMM Sh. Z.S Lohat (Pw 29) by his order dated 07.07.89. Father of deceased Sh. Tika Ram preferred to file a complaint U/s 190 CrPC.4. Ld MM, Karkardooma Court, Delhi found a prima faciecase against all of accused including some other persons andsummoned the same to face trial in this case. The accusedpersons were charged by this court on 30.4.01 for which they pleaded not guilty and claimed trial.5. In order to prove its case, prosecution examined 48 witnesses in total. The accused persons in their statementsrecorded U/s 313 Cr PC when the incriminating evidence onrecord was put to them denied its correctness. They examined 12 witnesses in defence. Accused Dr. A K Verma examined himself as DW11.

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