MOHAMMAD YASIN versus STATE (N.C.T. OF DELHI) AND ORS.

Citation: [2009] 11 S.C.R. 1188 · Decided: 30-07-2009 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
[2009) 11 S.C.R. 1188 
MOHAMMAD YASIN 
v. 
STATE (N.C.T. OF DELHI) AND ORS. 
(Criminal Appeal No. 1228 of 2002) 
JULY 30, 2009 
[DALVEER BHANDARI AND DR. MUKUNDAKAM 
SHARMA, JJ.] 
Custodial death -
Allegations of -
Deceased a 
C proclaimed offender, bad character and criminal involved in 
many cases - Held: Police and/or investigating agencies 
cannot torture any criminal despite his bad criminal record -
On facts, injuries on deceased were simple in nature and 
insufficient to cause death in ordinary course of nature -
D Deceased died because of serious heart disease -
Respondents did not violate directions given by Supreme 
Court in D.K. Basu's case as alleged - Penal Code, 1860 
-
s.302. 
E 
Appellant's brother allegedly died in police custody. 
The deceased was a proclaimed offender, bad character 
and criminal involved in many cases. Appellant prayed for 
directions to handover investigation into death of his 
.brother to the Central Bureau of lnvestigation(CBI) and 
for a further direction to SHO of the concerned police 
F station, where the incident occurred, to register a case 
under s.302 IPC. It was contended that the directions 
given by the Supreme Court in D.K. Basu's case were 
violated by the respondents. 
G 
Dismissing the appeal, the Court 
HELD: 1. The police and/or investigating agencies 
cannot torture any criminal despite his bad criminal 
record. [Para 19] [1197-H] 
H 
1188 
MOHAMMAD YASIN v. STATE (N.C.T. OF DELHI) 1189 
2.1. The Sub-Divisional Magistrate made a A 
comprehensive inquiry. The Board of three Doctors, who 
~onducted post-mortem examination of the deceased, 
gave clear and categorical finding that the cause of death 
~as due to ventricular arrhythmias consequent to old 
tompromised heart in a person having hypertrophied 
B 
heart (460 grits) myocardial fibrosis and atherosclerosis 
of coronaries. A person having heart weight of 460 gms. 
myocardial fibrosis and coronary atherosclerosis has 
high risk of sudden death with or without provocation. 
Two superficial injuries were found on the dead body. c 
The Board of Doctors examined the injuries and came to 
the conclusion that all injuries present over the body were 
simple in nature and were insufficient to cause death 
individually as well as collectively in ordinary course of 
nature. [Paras 15, 21 and 22) (1195-D; 1198-A-D] 
2.2. In the instant case, the deceased was arrested 
at 1.30 pm and he was taken to the ESI hospital at 3.1 o 
D 
pm on the same day where he was declared brought 
dead. The distance between the place from where the 
accused was arrested and the ESI Hospital is about 96 
E 
kms., therefore, it seems that from the point of arrest till 
the ESI hospital, the deceased was travelling in the car 
all the time and on complaint of uneasiness he was taken 
to the ESI hospital. [Para 23) [1198-D-E] 
2.3. In view of the report of the Board of Doctors and 
the Sub-Divisional Magistrate inquiry, it is difficult to reach 
at any other conclusion except that the appellant's 
brother had died because of his serious heart disease. 
[Para 24) [1198-G] 
3. The respondents did not violate the directions 
given by this court in D.K. Basu's case. [Para 20] [1198-A] 
D.K. Basu v. State of West Bengal (1997) 1 SCC 416, 
F 
G 
H 
1190 
SUPREME COURT REPORTS [2009] 11 S.C.R. 
A referred to. 
A 
Case Law Reference: 
(1997) 1 sec 416 
referred to 
Para 9 
B 
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal 
c 
D 
No. 1228 of 2002. 
From the Judgment & Order dated 28.9.2001 of the High 
Court of Delhi at New Delhi in Criminal Writ Petition No. 917 
of 1999. 
Vipin Gogia, Jaspreet Gogia for the Appellants. 
P.P. Malhotra, ASG, Sadhna Sandhu, Anil Katiyar for the 
Respondents. 
The Judgment of the Court was delivered by 
DALVEER BHANDARI, J. 1. This appeal is directed 
against the judgment of the Division Bench of the Delhi High 
Court passed in Criminal Writ Petition No.917 of 1999 on 
E 28.9.2001. 
2. The appellant Mohd. Yasin had filed a writ petition 
before the Delhi High Court seeking directions to handover the 
investigation to the Central Bureau of Investigation into the 
death of his elder brother Yunus alias Anees who died on 
F 4.8.1999 in police custody of the police station Okhla Industrial 
Area, New Delhi. The appellant further prayed for a direction 
to the station house officer of the police station Okhla Industrial 
Area to register a case under section 302 IPC against the 
delinquent officer(s). 
G 
3. The Hig
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