Case title:
Kunwar Pal Singh and police officers Hindveer Singh, Mahesh Mishra, Pradeep Kumar, and Pushpender Kumar. Vs State of UP and Ors & State of Delhi
Date of Order:
26th June 2023
Bench:
HON’BLE MS. JUSTICE MUKTA GUPTA
HON’BLE MR. JUSTICE ANISH DAYAL
SUBJECT
- The appeals follow conviction orders from Ld. ASJ, Shahdara, and Karkardooma Courts on March 14, 2019, involving Kunwar Pal Singh and police officers Hindveer Singh, Mahesh Mishra, Pradeep Kumar, and Pushpender Kumar.
- The court convicted the accused for various offenses and upheld their conviction. The accused police officers were found guilty of violating Section 302 IPC by causing injuries to Sonu without intention to cause death. They are liable for a 10-year sentence under Section 304 IPC Part I.
IMPORTANT PROVISIONS
- The Indian Penal Code’s Section 302 specifies the penalty for murder. Anyone found guilty of murder faces the possibility of death or life in prison in addition to a fine.
OVERVIEW
- Accused police officers filed appeals against their convictions and sentences, with Accused Nos. 1, 2, 3, and 5 filing cases. Complainant Dalbir Singh filed three appeals, seeking convictions under Section 302 IPC, conversion of convictions to 302 IPC, and acquittal of A-4. The State of NCT of Delhi supported the appellant's appeals.
- Sessions Cases 89/2008 and 85/2008 were transferred from Ld. ASJ to Sessions Judge, Delhi by the Supreme Court of India. The court ruled that a free and fair trial could not be possible within the State of U.P. due to the accused being members of the U.P. Police Force.
- FIR No.1004/2006 (Crime Case No. 752A/06) was registered in Noida, U.P., on 2nd September 2006, after Dalbir Singh, the father of the deceased, reported that his son Sonu @ Somveer had been taken away by the Noida Police in civil dress.
- On 2nd September, Singh received information that Sonu had committed suicide, and he had a strong suspicion that his son was murdered by the police. Charge-sheet No.156A was filed against the accused, who were police officials. Sonu, aged 26, was found hanging in a locker at 3:25 a.m. due to physical and mental stress.
- A-1 was found involved in torturing Sonu due to his interest in property deals. Charges were framed against all the accused persons under Sections 302/364/120-B/34 IPC and Sections 167/220/34 IPC.
ARGUMENTS ADVANCED BY THE APPELLANTS
- On August 2, 2006, a robbery FIR was registered in PS Sector-39, Noida, involving 03 individuals. Two mobile phones were robbed. On August 30, the IO of the robbery FIR, PW-12, met A-4, part of the Special Operations Group.
- A-4 informed PW-12 that a Nokia-1100 was stolen with Airtel SIM number 9897487444. A-2, A3, and A4 were present at PS Sector-39, where they received information that the stolen mobile phone was with Sonu, who had committed the robbery. A-4 informed PW-12 of their search for Sonu.
- Sonu, a resident of village Hazaratpur, was arrested from his home under PSKhurja’s jurisdiction. A-4 was not part of the police party, and his arrest was justified under section 41(1) (b) Cr.P.C.
ARGUMENTS ADVANCED BY THE RESPONDENT
- The complainant and APP argue that police officers conducted an unauthorised investigation in FIR No.320/2006. PW-12 claimed that a Nokia 1100 handset was being monitored and used by a mobile number.
- However, he could not verify this information due to his illness. PW-12 did not find any evidence against the deceased and did not authorize anyone to arrest him. PW-26 claimed that police officials visited his house on September 1, 2006, and informed them they were going to purchase land. The accused took the deceased with them, claiming it was for sale.
- PW-19 struggled to identify convicted police officials in court, while PW-1 identified them but mentioned wrong names. The deceased was taken away at 6:00 p.m., confirmed by villagers and neighbors.
JUDGEMENT ANALYSIS
- The Court finds that the Ld. Trial Court convicted the accused for various offenses, and the accused’s appeals dismissed. The trial court upheld the conviction and sentence. The Ld. Trial Court acquitted A-4, Vinod Kumar Pandey, for lack of evidence, and the complainant’s appeal was dismissed.
- The accused police officers’ actions in causing injuries to Sonu without intention to cause death make them guilty of offense punishable under Section 302 IPC. The deceased was subjected to custodial torture with knowledge it was likely to cause death but without intention.
- The accused is liable for a 10-year sentence under Section 304 IPC Part I, and the complainant’s appeals are dismissed.
