STATE OF MADHYA PRADESH versus SHYAMSUNDER TRIVEDI AND ORS.

Citation: [1995] SUPP. 1 S.C.R. 44 · Decided: 09-05-1995 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed
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Judgment (excerpt)

> 
A 
STATE OF MADHYA PRADESH 
v. 
SHYAMSUNDER TRIVEDI AND ORS. 
MAY 9, 1995 
B 
[DR. AS. ANAND AND M.K. MUKHERJEE, JJ.] 
Indian Penal Code 1860-S.304 Part II r/w S.34-Death in police cus-
tody-Sub-Inspector, Head Constables and Constable beating and torturing 
c 
murder suspect to death-Members of local bar deposing about accused 
transporting dead body of the deceased from police station to hospital for post 
mortem-Trial Court and High Court acquitting accused policemen since 
direct evidence not avai/able-ffeld, accused policemen directly or indirectly 
involved in torture and death of the victim; guilty of offence under S.304 Part 
-
II r/w S.34. 
D 
Indian Penal Code 1860-Ss.201, 218-Death in police custody-Sub-
Inspector present at police station where murder suspect beaten and tortured 
-
to death-Sub-Inspector preparing roznamcha that dead body found near tree 
outside police station-Recording panchnama that cause of death not known, 
E 
no injuries marks found and requesting Municipal Council for cremation of 
'lavaris' person-Held, Sub-Inspector prepared false documents with a view 
to screen the offence-rightly convicted. 
Code of Criminal Procedure 1973-S.313--lncriminating material not 
put to accused while recording statement-Held, accused was seriously 
F prejudiced and no conviction could be recorded for offence of causing 
disappearance of evidence. 
Code of Criminal Procedure 1973-Section 357-Death in police cus' 
tody-Accused policemen sentenced to imprisonment as well as fine-Court 
G 
directs entire amount of fine to be paid to heirs of the deceased. 
•
Criminal Law-Sentence-Mitigating factors-Death in police cus-
..........
tody-Accused Sub-Inspector held guilty of culpable homicide-Long lapse 
of time and accused already serving two years' for other offence~eld, 
balance to be struck between human factor and interests of victim of crime; 
H accused sentenced to two years' RI and fine. 
44 
-
-. 
STATEOFM.P. v.S.TRIVED! 
45 
Code of Criminal Procedure 1973-Section 235 (2)-Death in police A 
custody-Police excesses-Need for Court to deal with cases in a realistic 
manner and with sensitivity, discussed-Legislature asked to bring changes to 
curb custodial crime-Constitution of India-Article 2 J. 
During the intervening night of October 13 & 14, 1991 deceased NB B 
was brought by RR, Head Constable and GU, Constable to the Rampura 
police station for interrogation as a suspect in a murder case.· There SST, 
Sub-Inspector and RNS, Head Constable joined RR and GU in beating, 
torturing and causing the death of NB. The news of NB dying in police 
custody leaked out and local residents including lawyers keeping a watch 
over the p~lice station saw the dead body wrapped in a blanket being C 
brought out of police station and being placed in a jeep at about 2 p.m. on 
October 14, 1991 by SST, RR and RNS. They followed the jeep to the 
hospital and persuaded the doctors not to .conduct post-mortem till the 
arrival of the higher authorities. The Additional District Magistrate who 
was appointed Enquiry Officer found that NB died in police custody due D 
to extensive beating for which SST and RR were held directly responsible. 
The post-mortem showed 14 extensive external injuries and the medical 
opinion was that NB had died of shock resulting from the injuries. 
During enquiry it came to light that SST had prepared false entries 
to show that NB had been released from police custody after interrogation E 
on October 13, 1991 itself and that at 7 a.m. on October 14, 1991 informa-
tion had been received regarding 'one unknown person' (lavaris) near a 
tree. SST also prepared a panchnama of the dead body recording that • 
cause of death was not known and that no injury marks were found on the 
body. Thereafter, SST addressed a letter to the Administrator, Municipal F 
Council, Rampura on October 14, 1991 requesting for the arrangement of 
the crematiOn of a 'lavaris' (unknown) person. 
The accused policemen were charged with the offences of rioting, 
murder, fabricating documents and causing disappearance of evidence. G 
The Trial Court acquitted all the accused of all the charges. Partly allowing 
the appeal of the State of M.P., the High Court set aside the acquittal of 
SST for the offences of causing disappearance of evidence and fabricating 
documents and sentenced him to two years' RI. However, the acquittal of 
SST for the offence of murder as well as the acquittal of the other accused 
were mainta
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