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1. The appellant, Sham Kant who was aged about 24 years at the relevant period of the occurrence in question i.e. in June 1980 was acting as Sub-Inspector in Ramtek Police Station in the State of Maharashtra. The facts giving rise to this appeal briefly stated are as follows:

For the sake of convenience, we address this appellant as accused No.1 as arrayed before the trial Court alongwith six others who were accused Nos. 2 to 7.

On the intervening night of 23rd/24th June 1980, there was a house-breaking in the Shantinath Jain Temple, Ramtek. A brass idol and some silver ornaments called Chhatra worth about R.4,500/- were stolen from the temple. The priest of the temple, Bhorumal lodged a complaint in respect of this incident on 24th June 1980 at Ramtek Police Station. On the basis of this complaint, a case was registered in Crime No. 96/1980 under Sections 452 and 380 IPC. As the regular Sub-Inspector of Police, Mr. Bukhari attached to that Police Station was on leave, the accused No.1 was acting as the Station House Officer. He entrusted the investigation of this case to accused No.1, a Head Constable. Accused Nos. 3 and 4 were Head Constables of the Station and Accused No. 5 to 7 were the constables. They were all assisting accused No. 2 in the investigation which was under the supervision and guidance of accused No.1.

2. One Ratiram Raut (who is since dead) and PW 13 (Motiram Bagde) were taken into custody as suspects in connection with theft of the brass idol evidently for interrogation on the night of 25th June. Both of them were taken to the Shantinath Jain Temple. Some more suspects namely one Ramu, Ramesh and Habib were also taken into custody by the police. According to the prosecution, they were all beaten by the police during the interrogation by means of leather belt, tyre belt called Gangaram and canes besides being assaulted with fists and kicks in order to extract a confession of their guilt and to recover the stolen property. Inspite of the inhuman treatment meted out by the police, no information could be gathered from any one of them during that night. On the next day morning, the suspects Ratiram and Motiram were taken to the police station and were shown as if they have been apprehended only at 4.00 p.m. on 26th June 1980. They in fact were taken into custody even on the night of 25th June. At the police station also, they were tortured but there was no fruitful result. On the following day i.e. 27.6.80, they were produced before the Judicial Magistrate, First Class, Ramtek who on a request by the police granted police custody of Ratiram and Motiram till 3.7.80. During the period of police custody, they were intermittently interrogated, taken to the temple and tortured. On 29.6.80, one Hazari and Ismail (PW 19) happened to be at the Ramtek Police Station. Ratiram and Motiram showed their injuries on their person and complained about police torture. On that night, PW 19 telephonically contacted the superior police officers including the Superintendent of Police, Nagpur and requested the S.P. to instruct the first accused not to beat Ratiram and Motiram. The S.P. assured to look into the matter personally. It is said that as the first accused was not available, the constable on duty was instructed to inform the first accused not to torture the undertrial prisoners. On the evening of 30.6.80, Ratiram and Motiram were produced before the medical officer, Primary Health center, Parseoni to have them medically examined as the medical officer, Ramtek was not available. By then, the regular Station House Officer, Mr. Bukhari returned from leave. Mr. Bukhari and accused No.1 met the medical officer, PW 7. It is in the evidence of PW 7 that he on examination found as many as 8 superficial abrasions with scab formation, one infected superficial ulcer on front of left knee joint and one ulcer on each of the two buttocks on the person of Ratiram. He also found infected interring i.e. an erythematous skin eruption occurring on apposed skin surface, behind right ear. Thus there were in all 10 external visible injuries. According to PW 7, all the injuries were 6 to 7 days old. On examination of PW 13, PW 7 found about 5 minor abrasions of various dimensions which injuries, according to him, were about 6 to 7 days old.

3. As the physical condition of Ratiram deteriorated on the night of 30th June, the accused apprehending imminent danger to the life of Ratiram, cutting short of their police custody, produced both the undertrial prisoners before the Judicial Magistrate, First Class, Remtek on 1.7.80 who remanded them to judicial custody till 11.7.80. Both the undertrial prisoners were detained in Tashil Jail where Ratiram and Motiram showed their injuries to PW 4 and told him about the torture meted out by them at the hands of the police. On the next day i.e. on 2nd July 1980, all of them were taken to the Central Jail, Nagpur. On the way, at Ramtek Bus Stand they saw PW 19 and requested him to arranged for their bail. The medical officer attached to the Jail (PW 25) and the Jailer (PW 2) found injuries on the person of Ratiram and Motiram at the time of their admission in the prison and both the injured told the witnesses that they received these injuries at the hands of the police. PW 25 admitted Ratiram in the jail hospital and treated him for the injuries on the bttocks. On 2nd July, PW 20, an advocate moved bail for both the injured on the request of their relatives and on 3rd July. 1980 on hearing-both sides, the Magistrate (PW 5) ordered both the undertrials to be released on bail. On 4th July when the relatives of Ratiram and some others inclusive of PW 19 went to Central Jail, Nagpur with the release warrants. PW 25, the medical officer noting down the fast deterioration of the physical condition of Ratiram advised the relatives of Ratiram to take him to the Medical College Hospital or Mayo Hospital, Nagpur for immediate treatment. The relatives of the undertrial prisoners took both of them to Ramtek at their request because both of them wanted to make a complaint before the Magistrate about the police torture. Motiram got a complaint (Ext.34) written by one petition writer which was signed by Motiram and affixed with the thumb impression of Ratiram. Thereafter, both of them were taken before the Magistrate but Ratiram was unable to move about and speak. The Judicial Magistrate, First Class recorded a verification statement from Motiram marked as Ext.36. Finding the critical condition of both the injured, the Magistrate sent for the Station House Officer, Mr. Bukhari and directed him to take Ratiram to the hospital for examination and treatment. It is shocking to note that when Ratiram was brought out from the Court hall, he collapsed and breathed his last.

22. Both the suspects were produced on 27.6.80 on which day itself the police obtained the custody of the suspects till 3.7.80 but reproduced them before the Magistrate on 1.7.80 on which day they were remanded to judicial custody till 11.7.80. Therefore, the suspects were in police custody from 27th June to 1st July 1980. On 2nd July 1980, they were sent to Central Jail at Nagpur where they were detained till released on bail on 4th July. The appellant (first accused) has admitted the fact that on the evening of 30lh June, both Ratiram and Motiram were produced before the Medical Officer, Primary Health center, Parseoni to have them medically examined as the medical officer of Ramtek was not available. PW 7, the medical officer examined both these undertrial prisoners and fund multiple injuries on their person. It is also admitted by the first accused that a telephonic message was received at Ramtek Police Station from Police Inspector, Mr. Malik conveying the message not to torture both these persons in connection with the theft of idol. After both of them were released on bail on 4th July, they all came to Ramtek and appeared before the Magistrate and lodged a complaint Ext. 34. The Magistrate finding that Ratiram was in serious condition sent for Mr. Bukhari, SHO and directed him to take Ratiram to the hospital but on the way Ratiram died. Therefore, his relatives and others instead of taking the dead body, brought it to the police station. The death of Ratiram triggered violence and acrimonious scenes during the course of which the police station was set ablaze. The medical officer who conducted autopsy on the dead body of the deceased found multiple injuries totaling upto 23 visible injuries as described in the postmortem report Ext. 129 besides the internal injuries. The medical officer has opined that all the external injuries would have been caused about 8 to 12 days before and they were all ante mortem injuries. The crucial fact that Motiram PW 13 was also apprehended with the deceased Ratiram and thereafter taken to police custody is admitted. Now we shall scrutinize the intrinsic value of the evidence in the backdrop of the above admitted facts.