Hon'ble Judges/Coram:
Dr. A.S. Anand and M.K. Mukherjee

JUDGMENT

A.S. Anand, J.

1. On the fateful night, intervening 13th and 14th October, 1981, the uncivilized method of interrogation of a suspect look its toll and a fatal blow was inflicted on human dignity when custodial violence claimed yet another victim - Nathu Banjara. But for the vigilance of some members of the Bar of Rampura and the loud protestations of some of the residents of the village the crime could have gone unnoticed and unpunished.

2. According to the prosecution case on 13th October, 1981 respondent No. 4 Rajaram Head Constable and respondent No. 5, Ganniuddin, Constable brought one Nathu Banjara of village Dhabala Deval to police station Rampura for interrogation as a suspect in a murder case. At the police station respondent No. 1 Shyam Sunder Trivedi, Sub-Inspector; respondent No. 3 Ram Naresh Shukla, Head Constable alongwith respondent Nos. 4 and 5 gave beating to Nathu Banjara and tortured him with the intention of extracting a confession of guilt from him in connection with the murder of one harijan woman of village Singharia Piparia. As a result of the extensive injuries caused to Nathu, he died in police custody at the police station Rampura. At about 2.00 p.m. on 14.10.1981, the dead body of the deceased Nathu was removed in a jeep, belonging to the fisheries department Rampura to the hospital for post-mortem examination with the ultimate object of cremating the deceased, as an 'unclaimed body', for which respondent No. 1 had already initiated some steps. Some residents of the village including some members of the Bar of Rampura who had come to know about the torture of Nathu at the police station, kept a watch over the police station and on noticing the removal of the dead body of Nathu in the jeep, they followed the jeep and reached the hospital. The dead body was removed to the mortuary. The members of the Bar and others requested Dr. Naraindas Neema PW22 not to perform the autopsy till the arrival of higher authorities. Naib Tehsildar Rathore PW10 who arrived at the hospital in the meanwhile got the mortuary locked and sealed at the insistence of the protestors. On telephonic information given to the District Magistrate about the protests at the hospital and the gathering of a large crowd, the Superintendent of Police and the Additional District Magistrate PW20 reached the hospital in the evening. A written report Ex.P/1 signed by some of the residents of Rampura was given to the District Magistrate who ordered the holding of a Magisterial inquire into the matter. Shri Bhat PW20, the Additional District Magistrate was appointed as the E........