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Additional affidavit was filed by the then DGP, Punjab, Chandigarh, to the effect that Gurjit Singh and Amandeep Singh, were arrested in case FIR No. 97 of 2002 under Section 394 IPC.

Respondents No. 5 and 6 filed separate reply to the effect that four persons namely Sonu, Hira Singh, Surjit Singh S/o Bachan Singh and Surjit Singh S/o Satnam Singh, residents of village Mahal, Amirtsar, were apprehended by the villagers of village Jaluchak and were handed over to the SHO of Police Station Gangyal, i.e. respondent No. 7 suspecting them to be the members of gang known as Kala Kachha gang. The abovesaid four persons were taken into custody under Section 54 Cr.P.C. DDR No. 27 dated 17.6.2003, was recorded but subsequently after questioning given benefit of Section 169 Cr.P.C. for want of sufficient evidence and to this effect DDR No. 14 dated 18.3.2006, was recorded. One of the arrested person namely Surjit Singh S/o Bachan Singh, had disclosed that there are four other persons namely Amandeep Singh, Gurjit Singh, Mohan Lal and Gopal Dass, who are involved in the crimes committed by Kala Kachha gang. As per information supplied by Surjit Singh @ Bhallu s/o Bachan Singh, matter was discussed with Senior Superintendent of Police, Jammu, who directed respondent No. 7 to proceed to Punjab to arrest these persons and after raid the abovesaid four persons were taken into custody by respondent in the presence of officials of Police Station Sadar and Police Post, Mahal, Amritsar. Amandeep Singh, Gurjit Singh, Mohan Lal and Gopal Dass, were brought to Police Station Gangyal and after questioning, given the benefit of Section 169 Cr.P.C. for want of sufficient evidence but all the 8 boys were directed to remain present for further questioning,\ as the suspicion was grave against them for their involvement in the related crimes committed by Kala Kachha Gang in Jammu area. Mohan Lal was admitted in District Police Lines, Hospital for treatment alleged to be suffering with fever and dysentery. After death of Mohan Lal, post-mortem examination was got conducted. Death of Mohan Lal was in District Police Lines Hospital Jammu and to ensure fair play, judicial Enquiry was got conducted. Annexure R6-I is the copy of the Magisterial Order. As per Magisterial Enquiry Report, in case Mohan Lal died un-natural death then it was directed to register a case and get the matter investigated to ensure that guilty if any be brought to book and dealt with in accordance with law.

Respondent No.7 filed separate reply with the allegation that FIR No. 136 of 2002 under Section 460 IPC was registered in Police Station Gangyal and on 18.6.2003 at about 0150 hours on 18.6.2003 on receipt of telephonic information regarding the presence of four persons in suspicious circumstances in the area of village Jaluchak, after recording DDR No. 26 dated 18.6.2003, he had gone to village Jaluchak. Yash Pal resident of village Jaluchak, handed over four persons to the police namely Sonu, Surjit Singh S/o Bachan Singh, Hira Singh and another Surjit Singh S/o Satnam Singh, residents of village Mahal, District Amritsar, Punjab. After return to the police station with the above said four suspects at 0315 hours on 18.6.2003, all the suspects were questioned in FIR No. 136 of 2002 under Sections 460 IPC and were kept in custody under Section 54 Cr.P.C. but no sufficient evidence was available justifying their further custody. Benefit of Section 169 Cr.P.C. was given. DDR No. 14 dated 18.6.2003 at 1730 hours was recorded. During interrogation, abovesaid four persons had disclosed that there are four other persons from Punjab involved in various such crimes, then after consultation with the higher officials, the answering respondent was directed to proceed to Punjab vide movement order No. 19604-05/DPO dated 20.6.2003, copy of which is Annexure R7-1. After recording DDR No. 9 dated 20.6.2003, on reaching Amritsar, the answering respondent informed Police Station Sadar, Amritsar, and incharge of Police Station Mahal, who deputed some officials of the Police to accompany the answering respondent then he had apprehended four persons from village Mahal, identified by Surjit Singh S/o Bancha Singh and those four persons were Amandeep Singh, Gurjit Singh, Mohan Lal and Gopal Dass. Suspects were brought to Jammu but after questioning them there was no sufficient evidence available to connect the above said four persons with the crime as alleged in FIR No. 136 of 2002, benefit of Section 169 Cr.P.C. was given and the four persons were released. DDR No. 12 dated 22.6.2003 was recorded with direction to those persons to remain present in Jammu to enable themselves to attend the police station as and when required since the case being investigated was of special nature and linked with series of heinous crimes. On 1.7.2003, Mohan Lal (deceased) was directed to present himself in police station in connection with the investigation of FIR No. 136 of 2002. Mohan Lal, complained of being sick suffering with fever and dysentery. Mohal Lal, was referred to District Police Lines Hospital, Jammu and on 2.7.2003, answering respondent had enquired about the condition of Mohan Lal in District Police Lines Hospital, Jammu and reply of the doctor was that he is improving but on 3.7.2003, on telephone by the District Police Lines Hospital, Jammu, answering respondent came to know that Mohan Lal, admitted on 1.7.2003, in hospital has expired. Dead body was shifted to Government Medical College, Jammu. Post-mortem examination was got conducted. FIR No. 228 dated 4.7.2003, under Sections 302/344 IPC was registered in Police Station Sadar, Amritsar. Police Station Sadar, Amritsar, has no jurisdiction to register the case. There was a Magisterial Enquiry.

Argued that Mohan Lal was arrested by the police party headed by respondent No.7 but after arrest he was not produced before the concerned Illaqa Magistrate. Nothing on the file that arrest memo was sent to his relations. According to the story, Mohan Lal deceased was the member of Kala Kachha gang. Heinous crimes were committed in Jammu. Earlier information with respondent No. 7 that Hira Singh, Surjit Singh S/o Bachan Singh, Sonu and Surjit Singh S/o Satnam Singh are the members of Kala Kachha Gang but they were released by giving the benefit of Section 169 Cr.P.C. on the same day i.e. on 18.6.2003. Four persons were arrested from village Mahal, namely Amandeep Singh, Gurjit Singh, Mohan Lal and Gopal Dass on 21.6.2003 but they were not produced before the concerned Illaqa Magistrate. Allegation of respondent No.7 was that there was no sufficient evidence justifying their custody. Once four persons were arrested on 18.6.2003, on the allegation that they are the members of Kala Kachha gang then there was no reason to release them on the same day by not producing them before the Illaqa Magistrate. As per investigation, four persons namely Hira Singh, Surjit Singh S/o Bachan Singh, Sonu and Surjit Singh S/o Satnam Singh were arrested on 18.6.2003, four other persons namely Amandeep Singh, Gurjit Singh, Mohan Lal and Gopal Dass, were involved in commission of crimes in Jammu. Four persons including Mohan Lal (deceased) were arrested on 21.6.2003 but without producing them in Court they were released on the same day on the allegation that no sufficient evidence available justifying their further custody. After death dead body of Mohan Lal was handed over to his father-in-law who brought his dead body to Amritsar and at Amritsar, Board of Doctors had conducted post-mortem examination on the dead body of Mohan Lal. Copy of post-mortem report Annexure P-11 is on the file. 41 injuries were noticed. Death was due to haemorrhage and shock as a result of cumulative effect of injuries which were sufficient to cause death in ordinary course of nature. At the time of post-mortem examination at Amritsar, skiagram was prepared showing the receipt of injuries 41 injuries noticed on the person of deceased shows that deceased was not in a position to walk. If Mohan Lal had 41 injuries on his person and had gone to police station on 1.7.2003 then very strange that he had complained of fever and dysentery and without making entry in the roznamcha regarding injuries, Mohan Lal was referred to District Police Lines Hospital, Jammu. When more than 16 or 17 injures on the person of Mohan Lal as per post-mortem reports then why Mohan Lal was shifted to District Police Lines Hospital, Jammu and why not to the Civil Hospital, Jammu, for check up by the expert. In fact four persons were arrested by the police party headed by respondent No.7 on 18.6.2003. Four other persons including the deceased were arrested on 21.6.2003. DDR No. 14 dated 18.6.2003, regarding release of four persons under Section 169 Cr.P.C. and regarding release of four other persons arrested on 21.6.2003 by giving benefit of Section 169 Cr.P.C. by recording DDR No. 12 dated 22.6.2003, were entered later on after death of Mohan Lal because roznamcha was with the Police Station Gangyal. After arrest of detenues, including the deceased intimation should have been given to the Illaqa Magistrate but no intimation till today. No explanation why after arrest detenues were not produced before the Illaqa Magistrate. FIR No. 228 dated 4.7.2003, was registered at Police Station Sadar, Amritsar, but no progress.

14. Diffuse bruise over R iliac fossa. Massive infiltration of blood in sub-cutaneous tissue and muscles under the bruises."

Some of the injuries were contusions. If number of injuries were on the person of Mohan Lal when he came to the police station on 1.7.2003 in connection with further investigation of FIR No. 136 of 2002 then injury report should have been prepared by respondent No. 7. Entry should have been made in the roznamcha regarding injuries on the person of Mohan Lal but no injury report or entry in the roznamcha. After arrest of four persons on 18.6.2003, suspecting them to be the members of Kala Kachha gang then there was no reason why they were not produced before the concerned Illaqa Magistrate. There were serious allegations against four persons arrested on 18.6.2003 but on the same day they were given the benefit of Section 169 Cr.P.C. on the allegation that there was no sufficient evidence available justifying their further detention. If villagers of Jaluchak suspected that four persons found present in the village are the members of Kala Kachha gang and number of crimes were committed in the area then respondent No. 7 should have produced them before the concerned Illaqa Magistrate but no explanation why they were not produced in Court. As per interrogation of the persons arrested on 18.6.2003, respondent No.7 came to know that four other persons from District Amritsar are involved in serious crimes committed in the area of Jammu i.e. they are the members of Kala Kachha Gang then respondent No. 7 had arrested four persons on 21.6.2003, from District Amritsar including the deceased but on 22.6.2003, they were given the benefit of Section 169 Cr.P.C. No explanation why four persons arrested in FIR No. 55 of 2003, were not produced in the concerned Court. If after the arrest, respondent No. 7 was of the opinion that no sufficient evidence was available justifying their further detention then why they were directed to remain present in the area of Jammu for further investigation, when serious crimes committed in the area of Jammu as per number of FIRs and cuttings of the newspapers. Annexure R7-2 to Annexure R7-25 are the cuttings of newspapers. Annexure R7-26 to Annexure R7-50 are the copies of different FIRs but after arrest, arrested persons were released with the allegation that no sufficient evidence was available justifying their further detention. In fact the roznamcha of Police Station Gangyal was with respondent No.7 then it was very easy for respondent No.7 to make entry in the roznamcha that after arrest of four persons on 18.6.2003, benefit of Section 169 Cr.P.C. was given on the same day and after arrest of four other persons including the deceased on 21.6.2003, benefit of Section 169 Cr.P.C. was given on 22.6.2003 but one thing is clear that on 1.7.2003, Mohan Lal (deceased) was in the Police Station Gangyal. If on that day number of injuries were on the person of Mohan Lal then entry should have been made in the roznamcha regarding injuries on the person of Mohan Lal. Injury report should have been prepared but no entry in the roznamcha or no injury report. Mohan Lal, was sent to District Police Lines Hospital, Jammu but again no report by the doctor that at the time of admission 16 or 41 injuries were noticed on the person of Mohan Lal (deceased), out of which number of injuries were contusions. After death on 3.7.2003, post-mortem examination was conducted and dead body was handed over to the father-in-law of Mohan Lal. At Amritsar, again there was post-mortem examination by the Board of Doctors and following injuries were noticed: