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Custodial death: Two Haryana cops found guilty of setting suspect in murder case on fire

Bhartesh Singh Thakur  
Press Reporter News Service  
Chandigarh, July 16  

The CBI Particular Court docket, Haryana, convicted two Haryana police personnel over a custodial loss of life 14 years after an individual in unlawful custody was burnt to loss of life to extract a confession in a homicide case.  

CBI Particular Decide Sushil Kumar Garg sentenced Constable Pawan Kumar to life imprisonment for setting a homicide accused Bhavan Dutt on fireplace after pouring petrol on him, and the then SHO of Madhuban (Karnal) police station Sub-Inspector Ranbir Singh to three-year rigorous imprisonment, for wrongful confinement for extracting confession and making false entries within the file.  

Pawan Kumar was fined Rs 61,000 whereas Ranbir Singh was fined Rs 31,000. The 50 per cent of the high-quality can be given to dependent of the deceased.  

The case dates again to 2007. Police arrested Dutt in reference to the homicide of a photographer known as Rajinder after a month’s seek for him. He was detained from August 30 until September 1.  

On September 1, his household was knowledgeable that he was admitted to Arpana Hospital, Madhuban, after a hearth incident.  

By the night, he was shifted to Parveen Hospital. Right here, Dutt gave an interview to a TV channel reporter that he was overwhelmed up mercilessly all through the evening within the custody, and out of frustration he set himself on fireplace.  

The identical day, Dutt was additional shifted to Civil Hospital, Karnal. At 3:10 am on September 2, 2007, he recorded a press release earlier than a Justice of the Peace and informed {that a} bike was parked behind him throughout interrogation. The petrol was taken from the bike and poured on him, he informed the Justice of the Peace. His interrogators questioned him repeatedly about his function within the homicide. When he refused to confess his involvement, he was set on fireplace, he informed the Justice of the Peace.    

“He (Pawan) acknowledged that I might not agree on this approach after which took out a matchstick and after illuminating the identical, threw it on me, because of which I used to be caught in fireplace,” Dutt mentioned in his dying declaration.  

He was shifted to PGIMS, Rohtak, on September 2, 2007, the place he died the following day.  

On April 27, 2010, whereas listening to a grievance case at Karnal, Extra District and Classes Decide RK Sondhi made a reference to the Punjab and Haryana Excessive Court docket for CBI investigation within the case. Following a reference from Nationwide Human Rights Fee (NHRC), Haryana Police lastly registered an FIR in opposition to Pawan Kumar on November 29, 2010.  

The excessive courtroom entrusted the case to CBI on August 23, 2011.   A board of docs from PGI, Chandigarh, couldn’t conclude that whether or not burn accidents have been homicidal or suicidal.    

The CBI Particular Court docket, positioned in Panchkula, was to resolve whether or not it was suicide or homicide as per his dying declaration.  

CBI counsel KP Singh submitted that Dutt was murdered to extract a confession.  

Defence claimed that Dutt was 17-year-old and that’s why was not arrested. It added that he was summoned for September 1, 2007, when he tried suicide.  

Whereas counting on dying declaration, the courtroom mentioned that “the state of affairs wherein an individual is on the deathbed is so solemn and serene when he’s dying that the grave place wherein he’s positioned, is the rationale in legislation to just accept veracity of his assertion”. 

It added that exclusion of dying declaration can be “miscarriage of justice” because the “sufferer being typically the one eye-witness in a severe crime”.   

“The precept on which dying declaration is admitted in proof is indicated in authorized maxim “nemo moriturus proesumitur mentiri—a person won’t meet his maker with a lie in his mouth,” mentioned the order.  







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