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    File Number = 23256


    Criminal trial -- Custodial violence - Violation of Supreme Court's dictum laid down in D.K.Basu Vs State of West Bengal 1997(1) Apex Court Journal 158 (S.C.) - Warning given to all policemen in the country that this will not be tolerated.

    Criminal trial -- Policemen must learn how to behave as public servants in a democratic country, and not as oppressors of the people.

    Indian Penal Code, 1860, Section 302 -- Custodial death - Murder by policemen in police custody is in the category of rarest of rare cases deserving death sentence.

    Indian Penal Code, 1860, Section 302, 376, 341 -- Custodial death - Wrongfully confining deceased in police custody on suspicion of theft - Beaten him to death - Gang rape of his wife - Wife of deceased in great detail disclosed the manner in which accused treated her and her deceased husband - No reason to disbelieve her testimony as no respecting woman would come forward in Court to falsely make humiliating statement against her honour - Prosecution case supported by evidence of other witnesses including injured witnesses apart from the statement of the wife of the deceased - Witnesses identified accused in Identification Parade - Medical evidence disclosed multiple nail scratches on the breast of wife of deceased who complained of severe pain in the private parts - Conviction and sentence of accused upheld by High Court in appeal kept intact - Held, both the courts below treated the death of deceased as suicide - Accused ought to have been charged u/s 302 IPC and awarded death sentence as murder by policemen in police custody is in the category of rarest of rare cases warranting death sentence since no charge u/s 302 IPC was framed, straight away conviction under that provision cannot be recorded.

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