PRAVAT CHANDRA MOHANTY versus THE STATE OF ODISHA & ANR.

Citation: [2021] 4 S.C.R. 407 · Decided: 11-02-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Case Partly allowed

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Judgment (excerpt)

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   [2021] 4 S.C.R. 407
PRAVAT CHANDRA MOHANTY
v.
THE STATE OF ODISHA & ANR.
(Criminal Appeal  No. 125 of  2021)
FEBRUARY 11, 2021
[ASHOK BHUSHAN AND AJAY RASTOGI, JJ.]
Penal Code, 1860: s. 324 – Voluntarily causing hurt by
dangerous weapons or means – Two police officers mercilessly beat
victim in the premises of the police station, who died the same night
– Conviction of the accused u/s. 304 (Part II), s. 471/466, s. 342, s.
323 and sentenced accordingly – High Court set aside the
conviction u/s. 304 (Part II) r/w s. 34 and s. 342/34, and upheld
their conviction u/s. 324/34, s. 323/34 and s. 471/34 – Appeal before
this Court – Submissions of the accused that conviction u/s. 324 be
compounded by this Court u/s. 320(2) Cr.P.C.; and that the accused
are willing to compensate the family of the deceased – Held: Evidence
of informant, who was also the eye-witness cannot be discarded
because he was agnate of the deceased – Wooden lathi and batten
are the weapons of the police force and the injuries having caused
to the victim by these weapons, were likely to cause death – Trial
court recorded the findings that with mala fide intentions to suppress
the injuries, description of injuries were minimized in inquest report
by accused – Thus, conviction by the High Court u/s. 324 is
sustainable, and upheld – However, as prayed by the accused,
offence u/s. 324 cannot be compounded by the Court in exercise of
s. 320(2) read with sub-section (5) – Offence was committed by the
in-charge of the Police Station as well as the Senior Inspector, posted
at the same Police Station – Police of State is protector of law and
order – Beating of a person in the Police Station is the concern for
all and causes a sense of fear in the entire society – In view of the
fact that the accused are more than 75 years of age now, the sentence
awarded for conviction u/s. 324 is reduced to six months instead of
one year with compensation of Rs.3.5 Lakhs each to the legal heir
of the deceased in addition to the compensation awarded by the
High Court – Code of Criminal Procedure, 1973 - s. 320(2) and (5)
– Compensation – Witnesses.
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SUPREME COURT REPORTS
[2021] 4 S.C.R.
Code of Criminal Procedure, 1973: s. 320(2) and (5) –
Compounding of offence u/s. 324IPC – Leave of the Court –
Permission of – Held: Offence u/s. 324 can be compounded only
with permission of the Court – Grant of leave as contemplated by
sub-section (5) of s. 320 is not automatic nor it has to be mechanical
on receipt of request by the accused which may be agreed by the
victim or his legal heirs – Statutory requirement makes it a clear
duty of the Court to look into the nature of the offence and the
evidence and to satisfy itself whether permission should be or should
not be granted – Furthermore, administration of criminal justice
requires prosecution of all offenders by the State – Offences which
affect the public in general and create fear in the public in general
are serious offences, nature of offence may be relevant consideration
for the Court to grant or refuse the leave.
Partly allowing the appeals, the Court
HELD: 1.1 The judgment of the trial court as well as the
High Court have been perused and have adverted to the
marshalling of oral evidence by both the Courts below as well as
analysis of the documentary evidence on record where evidence
of PW.1, who was the informant and eye-witness was rightly been
believed by the trial court and the High court to the fact that both
deceased and informant arrived at Police Station after 7.30 p.m.
and they were mercilessly beaten by the accused. In spite of
Varandah of the Police Station washed in the morning by the
sweeper, the scientific officer, who visited the police station found
the blood stains in the Varandah. The evidence of PW.1 could not
have been discarded merely because he was an agnate of the
deceased. In the long cross-examination, PW.1 could not be
shaken and his evidence of account given of beating of the
deceased by the Police Officers, is to be believed and relied on.
[Paras 19 and 20][420-G-H; 421-A-C]
1.2 Emphasis of the counsel for the appellants is that only
lathi and wooden baton were alleged to have been used as weapons
of offence, use of which weapons cannot be said to be likely to
cause death. MO.IV was a bamboo lathi and Mo.VII was a wooden
batten. Section 324 IPC uses the examination of “weapon of
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offence”. Wooden lathi and baton are the weapons which are 

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