0 SC 709 , 1990 (1 )Crimes196 (SC ), 1990 INSC 7 , JT1990 (1 )SC 6 , 1990 (1 )RCR(Criminal)419 , 1990 (1 )SCALE9 , 1990 Supp(1 )SCC656 , 1990 (Supp)SCC656 , [1990 ]1 SCR29 , ,MANU/SC/0132/1990
A.M. Ahmadi#M. Fathima Beevi#241SC1270Judgment/OrderACR#AIR#Crimes#INSC#JT#MANU#RCR (Criminal)#SCALE#SCC(Supp)#SCC(Supp)#SCRA.M. Ahmadi,SUPREME COURT OF INDIA2012-9-24Voluntarily causing grievous hurt to extort confession, or to compel restoration of property,Offences Affecting the Human Body,Custodial Death,Punishment for culpable homicide not amounting to murder,Offences Affecting the Human Body,When facts not otherwise relevant become relevant,Cross-examination as to previous statements in writing,Cross-examination as to previous statements in writing,Special Leave to Appeal by the Supreme Court,The Union Judiciary,The Union,Law of Evidence,Constitution of India,Indian Penal Code16234,16127,16156,16010,16029,15817,15962,16759,16602,15686,16191,16196,17060 -->
MANU/SC/0132/1990
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 111 and 477 of 1979
Decided On: 12.01.1990
Appellants: Gauri Shanker Sharma and Ors. Vs. Respondent: State of U.P. and Ors.
Hon'ble Judges/Coram:
A.M. Ahmadi and M. Fathima Beevi ORDER
A.M. Ahmadi, J.
1. In Criminal Case No. 3 of 1975, three persons were put up for trial before the learned Special Judge, Sultanpur (U.P.). The case arose out of the death of one Ram Dhiraj Tiwari in police custody. Accused No. 1 Rafiuddin Khan (Respondent in Criminal Appeal No. 477 of 1979) was the Sub-Inspector of Police Station Kure Bhar in District Sultanpur at all material times during the commission of the crime. Accused No. 2 Shamsher Ali (since acquitted) was posted at the said police station as Beat Constable No. 3. His companion Accused No. 3 (Appellant in Criminal Appeal No. 111 of 1979) was the Head Moharrir of the said police station. Crime No. 71 of 1971 under Section 395, IPC was registered at the said police station on 25.5.1971 concerning a dacoity committed at Village Khara within the jurisdiction of the said police station. In that connection one Jagdamba was arrested on 20.9.1971. During interrogation by A1 the said suspect is alleged to have made a confessional statement involving Ram Dhiraj Tiwari. On the basis of this information A1 directed A2 and Ram Jas (PW 6) and Harakh, both police chowkidars, to apprehend Ram Dhiraj and produce him before him. Pursuant thereto A2 and his companions apprehended Ram Dhiraj from his residence in village Khajapur on 19.10.1971 at about 11.00 a.m. in the presence of his mother Kamaraji (PW 7), sister's husband Ram Niranjan Misra (PW 8) and labourer Jiyalal (PW 9). After his arrest Ram Dhiraj was brought to police station Kure Bhar at about 4.00 p.m. on the same day and handed over to A1. PW 8 and Ram Baran Dubey (PW 10) are stated to have followed him to the police station. It is alleged that soon after Ram Dhiraj was brought to the police station and placed in charge of A1, he was given a severe beating with lathi and dandas by A1 and two constables, whose identity is not established, with a view to extracting a confessional statement from him. When PW 8 and PW 10 tried to intervene, A1 demanded a sum of Rs. 2000 from them to refrain from ill-treating Ram Dhiraj. Thereupon PW 8 went to Village Pure Neelkanth three miles away to fetch Bindeshwari Prasad Shukla (PW 5) the husband of Ram Dhiraj's elder sister. On the arrival of PW 5 at the police stat........