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Mehrauli Custodial Death Case Judgement

Mehrauli Custodial Death Case Judgement

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Published by Sampath Bulusu

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Published by: Sampath Bulusu on Oct 26, 2012
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1S/v Budhi Prakash etc.
INTHECOURTOFSHRIS.P.GARG:ADDITIONASESSIONS JUDGE : NEW DELHISessions Case No : 17/2003State vs (1)Insp. Budhi Prakash ..A-1s/o Nand Kishorer/o C-13, Sector 12, PoliceColony, R K Puram, New Delhi.(2)HC Rajbir ..A-2s/o Ramanandr/o 40, Ashoka Police Line,Chanakyapuri, New Delhi.(3)Ct. Bachoo Singh ..A-3s/o Sohan Lalr/o Village naugaya, Post Peepla,District Bharatpur, Rajasthan.(4)Ct. Ramesh ..A-4s/o Dharam Singhr/o Village Kiloi Khas, DistrictRohtak, Haryana.(5)DHG Kanwar Pal ..A-5(since PO)Home GuardPS MehrauliFIR No : 9/1996PS : MehrauliU/s : 304/34 IPC  J U D G M E N T
 Accused Insp. Budhi Prakash (A-1), HC Rajbir Singh (A-2), Ct. Bachoo Singh (A-3), Ct. Ramesh (A-4) and DHG Kanwar Pal(A-5) (since PO) were arrested by the police of PS Mehrauli vide FIR No : 9/96 and were challaned to the court for trial for the
2S/v Budhi Prakash etc.
commission of the offence punishable U/s 304/34 IPC. In nut shell,the prosecution case is as under :2.On 2/1/1996 at about 11.30 PM DD No. 86B PS Mehrauli wasrecorded on the basis of a call from PCR which was regardingapprehension of a thief who had stolen a stereo at Saidulazab, MB Road, opposite D Block. This DD No. 86B was entrusted to A-2for necessary action. A-2 along with A-3, A-4 and A-5 proceeded tothe spot where PCR police handed over suspect Indal Singh (sincedeceased). A-2 recorded the statement of the car owner Ravinder Singh. It was disclosed by him that deceased Indal Singh wasfound committing theft of stereo of his car along with hisaccomplice who managed to escape. Indal Singh was given beatings by the crowd gathered there. On the basis of thestatement, A-2 got registered case vide FIR No : 8/96 U/s 379/34IPC at PS Mehrauli on the intervening night of 2/3-1-1996. A-2sent Indal for medical examination to AIIMS through A-3 and A-5.Indal was medically examined vide MLC No. 516/96 on 3/1/96 at 1.17 AM. Indal was formally arrested by A-2. A-2 put Indal in thelock up of PS Mehrauli at 2.45 AM vide DD No. 34A dated 3/1/96.3.Further case of the prosecution is that on 3/1/96 at about 9.45 AM, Indal was found vomiting in the lock up. Duty Officer informed A-2 who again sent Indal to AIIMS for his medicalexamination and treatment through Ct. Dilip Singh and DHG Om
3S/v Budhi Prakash etc.
Prakash vide DD No. 5A. At 10.59 AM, Indal was declared“brought dead” at the OPD of AIIMS and MLC No. 573/96 wasprepared to that effect. Duty Ct. at AIIMS informed PS Mehrauli vide DD No. 8A dated 3/1/96. This DD was again entrusted to A-2for further necessary action.4.Further case of the prosecution is that on receipt of DD No. 8A, A-2 along with A-3 and A-4 reached at AIIMS and collected MLC of the deceased Indal. A-2 made endorsement on DD No. 8A and got a case U/s 304/34 IPC registered. The investigation of this case was taken over by A-1. SDM Hauz Khas was informed about thisincident. Ms. Asha James, the then SDM Hauz Khas conductedinquest proceedings U/s 176 CrPC in regard to the death of thedeceased Indal in police custody. Postmortem on the dead body of the deceased was conducted by a Board of doctors comprising of Dr. D N Bhardwaj, Dr. G K Chaubey and Dr. O P Murti on4/1/96. During postmortem of the deceased, 20 injuries in all were found on his person. These injuries were on the hands, legs,thighs, face and abdomen etc. of the deceased. All the injuries were opined antemortem caused by blunt force. Cause of death was deferred till the receipt of report of chemical analysis of the viscera.5.Viscera was sent to CFSL for chemical analysis. Subsequenopinion of the Board of doctors was sought after receipt of the

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