2004 (11) TMI 607 - SC - Indian Laws

Conviction upheld for custodial death but others acquitted due to lack of evidence.

The court upheld the conviction of Gulab Singh Chaudhury under Section 304 Part II IPC for the deceased's death but acquitted other accused due to ... - Issues Involved:1. Custodial violence and police torture.2. Credibility of witness testimonies.3. Role of medical evidence.4. Identification of accused.5. Legal implications of false stands in custodial death cases.6. Determination of appropriate charges and sentencing.Detailed Analysis:1. Custodial Violence and Police Torture:The judgment emphasizes the widespread issue of custodial violence, torture, and abuse of police power, which is a global concern. The Universal Declaration of Human Rights (1948) and Article 21 of the Indian Constitution, which ensures the right to life and personal liberty, are cited to underline the inhumanity and illegality of such acts. The court condemns the dehumanizing torture and deaths in custody, which undermine the rule of law and the criminal justice system.2. Credibility of Witness Testimonies:The prosecution's case relied heavily on the testimonies of Rajkumar (PW-12) and Jawahar (PW-14). The court scrutinized the inconsistencies in Rajkumar's statements, such as varying dates of his arrest and the absence of names of the accused in his initial statements. Jawahar's identification of the accused was also questioned due to the lack of a test identification parade and his admission that he could not describe the accused.3. Role of Medical Evidence:Dr. D.K. Satpathy's (PW-16) medical evidence was pivotal. He noted that the deceased had TB and one lung was damaged. The timing of the injuries and the presence of alcohol in the deceased's system were crucial in determining the cause of death. The court found that the injuries were not grievous and were confined to the skin and upper body, which, combined with the deceased's TB and alcohol consumption, led to a quicker death.4. Identification of Accused:The court discussed the importance of test identification parades, especially when the accused are not previously known to the witnesses. It was noted that such parades are not substantive evidence but serve to corroborate witness testimonies. The absence of a test identification parade in this case weakened the prosecution's stance, particularly since Rajkumar and Jawahar had not previously known the accused.5. Legal Implications of False Stands in Custodial Death Cases:The court highlighted the false stand taken by accused B.S. Chaudhury, who claimed that the deceased was found injured near a Nala. This was contradicted by his statement to Dr. K.N. Agarwal (PW-1), where he said the deceased came to the police station in a severe condition. The court noted that false stands in custodial death cases could significantly impact the credibility of the defense.6. Determination of Appropriate Charges and Sentencing:The court upheld the conviction of Gulab Singh Chaudhury under Section 304 Part II IPC, given the medical evidence and circumstances leading to the deceased's death. However, it acquitted the other accused, Bahadur Singh, Pooran Singh, and Dhanraj Dubey, due to insufficient evidence linking them to the crime. The court stressed the need for a realistic approach in handling custodial crime cases to ensure justice and maintain public faith in the judiciary.Conclusion:The court's judgment underscores the gravity of custodial violence and the necessity for stringent measures to curb such practices. It also highlights the importance of credible witness testimonies, corroborative medical evidence, and the legal implications of false defenses in custodial death cases. The judgment serves as a reminder of the judiciary's role in upholding human rights and the rule of law.