Date:10/12/2008 URL: http://www.thehindu.com/2008/12/10/stories/2008121053490300.htm

New Delhi

Apex court ruling on custody death

Plea of five police officers working under the Madhya Pradesh Lok Ayukta rejected

Trial judge asked to frame charges under Section 304 Part II, Section 330

New Delhi: The Supreme Court has held that if an asthmatic is confined by policemen to a dusty room with cobwebs resulting in his/her death, it would amount to custodial death, and the investigating officers could be punished for culpable homicide not amounting to murder.

A bench of Justices Altamas Kabir and Markandeya Katju rejected the plea of five police officers working under the Madhya Pradesh Lok Ayukta, that the offence could at best invite prosecution under Section 323 (punishment for voluntarily causing hurt) for which the maximum punishment is one year and Rs 1,000 fine.

For an offence under culpable homicide not amounting to murder (304 Part 11), the maximum sentence is 10 years, besides a fine.

“The condition of the room where the deceased had been detained was completely unsuitable for a patient of asthma as it was filled with dust and cobwebs which was sufficient to trigger an asthmatic attack which could have caused asphyxia which ultimately led to R. K. Jain’s death,” the apex court observed.

The apex court passed the ruling while upholding the appeal filed by Indu Jain, wife of the deceased R. K. Jain, Deputy Commissioner, Commercial Taxes, Bhopal challenging a Madhya Pradesh High Court which had quashed the charge against the accused officers and instead directed framing of charge under the minor offence of 323 IPC.

On July 14, 2004 R. K. Jain was picked up for questioning by the investigating wing of the Lok Ayukta after he allegedly collected a bribe of Rs 2,000 from a tax consultant. He was found dead the next day.

A report submitted by O. P. Dixit, Senior Scientist of the District police’s mobile unit, stated that Jain died due to asphyxiation as he was kept detained for a long time in a room filled with cobwebs and dust, sufficient to trigger asthma in a known asthmatic.

On the basis of the report, the trial judge framed charges against the accused police officers under Section 304 Part II (culpable homicide not amounting to murder).

However, the accused officers approached the Madhya Pradesh High Court which quashed the charges under Section 304 Part II and instead directed that a case under Section 323 (punishment for voluntarily causing hurt) be registered against them.

Aggrieved by the High Court’s order, the deceased official’s wife Indu filed an appeal in the apex court on the ground that the accused should be tried under Section 304 Part II and 330 (voluntarily causing hurt to extort confession), which entails a punishment for seven years.

The State of Madhya Pradesh supported her plea and also wanted that a case under Section 302 (murder) be framed against the accused officers.

The accused officers also filed their cross appeals contending that they were innocent and Jain being an asthmatic succumbed to his illness for which they cannot be faulted.

But the accused officers’ plea found no favour with the apex court which on the basis of medical reports noted that prima facie it was clear that Jain died as he was confined in a room filled with dust and cobwebs which triggered the asthma attack in him.

Hence, it directed the trial judge to frame charges against the accused officers under Section 304 Part II and Section 330 (voluntarily causing hurt to extort confession). -- PTI