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| DB asks State for compensation to deceased’s wife | | State’s appeal in custodial death dismissed | | Early Times Reporter
Jammu | Apr 30
In an appeal filed by State of J&K against the acquittal of SI and constable by the Sessions Judge Kathua in a custodial death, the Division Bench of State High Court, comprising Chief Justice KS Radhakrishnan and Justice Hakim Imtiyaz Hussain, observed since Ghulam Rasool has died in custody, though allegedly due an accident, the State may examine the case of payment of reasonable compensation to his widow.
On October 30, 1996 Ghulam Hussain Kamal, Sub-Inspector Incharge Police Post Industrial Estate Hatli Morh Kathua arrested Ghulam Rasool, Rajan alias Papu and Sakinder Sardu in connection with Section 457 and 380 RPC. On the next day their remand for 7 days was obtained from the Magistrate and the same day in the evening SI Ghulam Hussain Kamal along with Constable Ajay Kumar interrogated these persons after taking them out of lock-up. It is alleged that accused beat all these persons and later on put-up them in the police lock-up. After some time Ghulam Rasool accused (deceased) complained of pain. Immediately a medical practitioner Surinder Kumar RMP was brought from Govindsar to examine him but he could not be saved and died of the pain. When the matter came to notice of higher authorities, a case u/s 304 r/w Section 125 RPC was registered against Sub-Inspector Ghulam Hussain SI and Ajay Kumar constable. After investigation both the person were found guilty of the offence, accordingly they were charge-sheeted and Court framed charges u/s 304-I RPC. Sessions Judge Kathua came to conclusion that the prosecution had failed to prove its case beyond any reasonable shadow of doubt, gave the benefit of doubt to accused and held them not guilty, dismissed the challan and acquitted accused vide Judgment on April 11, 2000, which was challenged by the State on various grounds.
The Division Bench heard the arguments of AAG PC Sharma appearing for the State and Advocate PN Raina & Adv Surinder Kour appearing for the accused persons, respondent in the appeal after considering all the facts and the statement of 26 witnesses produced by the prosecution referred the statement of Surinder Kumar RPM who examined the deceased. This witness stated that deceased told him that the injuries were caused him due to fall from the stairs.
In the judgment written by Justice Imtiyaz Husain, the DB said that there is no reason to disbelieve this witness and being independent witness due weight is to be given to his statement. Similarly the wife of the deceased who too has met the deceased has not said anything about the alleged beating. Had this been a fact the deceased would have definitely told her about it has there was not reason to conceal this fact from her. In these circumstances, there is no sufficient evidence on file against the respondents (accused). Therefore there is no ground to interfere with the findings arrived at and the order of acquittal passed by the Sessions Judge, the DB observed further. Before concluding DB observed that since the deceased Ghulam Rasool has died in custody, though allegedly due to an accident, the state may examine the case for payment of reasonable compensation to the wife of the deceased. With these observations, Court dismissed the appeal. JNF |
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