LexKASHMERI DEVI versus DELHI ADMINISTRATION & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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KASHMERI DEVI
v.
DELHI ADMINISTRATION & ANR.
APRIL 25, 1988
[K.N. SINGH AND M.H. KANIA, JJ.]
Constitution of India, 1950: Article 136-Police investigation-
Credibility of-Death in police custody-Allegations of murder and
torture against police officers--Court finding that efforts made to pro-
tect and shield guilty police officers-Trial court directed to have
thorough and proper investigation by C. B. I.
Criminal Procedure Code, 1973: Section 173(8)-Death in police
custody-Allegations of torture and murder against police officers-
Supreme Court finding. that efforts made to protect and shield guilty
D police officers-Trial magistrate directed to have proper and thorough
investigation by C.B.l.
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The appellant was the widow of a tonga driver who died in police
custody. It is alleged that on the fateful night of 22i23.8.1986 two suh-
inspectors accompanied by two constables visited the house of one
Sudesh Kumar, and started beating him. On hearing his shrieks his
maternal uncle Gopi Ram, the tonga driver tried to intervene where-
upon the policemen are alleged to have beaten him also. Both of them
were arrested taken to the police station, stripped of their clothes and
beaten with iron rods. The tonga driver succumbed to his injuries at the
police station. Thereafter, a post mortem was conducted and the dead
body was cremated without handing it over to the appellant.
The aforesaid incident caused consternation in the locality, and a
mob surrounded the police station to lodge its protest against the death
of the tonga driver in police custody. Undaunted the police registered a
case under Sections 147-149 and 353i332 I.P.C. against the brother of
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the deceased and others as they were members of the mob.
Sudesh Kumar filed a written complaint naming the two sub-
inspectors and the constables as responsible for the death of his
maternal uncle which was registered under Section 302i342 I.P.C.
No action was however taken against those officers. After some time the
H case was converted to Section 304 I.P.C. for purpose of investigation.
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KASIIMERI DEVI v. DELHI ADMN.
701
The appellant approached the High Court by a writ petition
under Article 226 for transferring the investigation of the case from the
Crime Br~neh of the State Police to the Central Bureau of Investiga-
tion. Thi:' ~)i•1ision Bench, however, dismissed the petition.
Disposing of the Appeal, this Court,
HELD: I. The police have not acted in a forthright manner
in investigating the case registered on the ·complaint of Sudesh
Kumar. [704C-D]
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2. The circum5tances available on record prima facie show that
effort has been made to protect and shield the guilty officers of the
police who are alleged to have perpetrated the barbaric offence of C
murdering Gopi Ram by beating and torturing. [7040)
3. The appellant had been crying hoarse to get the investiga-
tion done by an independent authority but none responded to her
complaint. [7040-E)
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· 4. The Additional Sessions Judge while considering the bail
application of one of the Constables-Jagmal Singh, considered the
autopsy report and observed that th~ Doctor had postponed giving his
opinion regarding the cause of death although the injuries were anti-
mortem. [7040-E]
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S. The Sessions Judge referring to a number of circumstances
observed that the investigating officer had converted the case from
Section 302 IPC to 304 IPC on flimsy grounds within hours of the
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registration of the case even without waiting for the post mortem report
. and that it was a prima facie case of deliberate murder of an innocent
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illiterate poor citizen of Delhi in police custody and investigation was
partisan. [704E-F]
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6. In the interest of justice it is necessary to get a fresh investiga-
tion made through an independent authority so that the truth may be
known. {704H]
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7. The trial court before whom the charge sheet has been submit-
ted shall exercise its powers under Section 173(8) Cr. P.C. to direct the
Central Bureau of Investigation for proper and thorough investigation
of the case. On issue of such direction the C.B.I. will investigate the case
in an independent and objective manner and submit additional charge
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sheet if any in accordance with law. [70SA-B)
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702
SUPREME COURT REPORTS
11988] 3 S.C.R.
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 280 of 1988.
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