FORUM FOR FACT FINDING DOCUMENTATION AND ADVOCACY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner, a registered Nongovernment Organization established to provide legal support to the poor and disadvantaged sections of the society, has filed this petition under Article 226 of Constitution of India as Public Interest Litigation to highlight one of the worst kinds of crimes in acivilized society governed by Rule of Law i.e. death of one "Ramkumar Dhruv", a 26 year old tribal as a result of custodial violence in Police Station Suhela, District Raipur (C. G.) on 12-8-2004.

(2.) The tale of dehumanizing torture, assault and death of Ramkumar Dhruv due to custodial violence, as unfolded by the petition and the documents filed therewith is as under : Ramkumar Dhruv, Gond by caste and a member of the Scheduled Tribe, was the resident of village Bhalesur, Tehsil Simga, Police Station Suhela, District Raipur. Belonging to a family falling below the poverty line and being landless, his main occupation was agricultural labour. He was married to Jethia Bai and had three minor children; Vikas, aged 5 years, Vishal, aged 3 years and Ku. Nisha, aged 9 months. On 18-7-2004, upon allegations of theft of diesel, some packets of Beedi and cigarettes and some eatables worth Rs. 972/-, Ramkumar was called at P. S. Suhela for interrogation on 19/7/2004 and after interrogation was allowed to go on 20/7/2004, as mentioned in Roznamchasana dated 19/7/2004 and 20/7/2004. However, Ramkumar was not seen by his family members i.e. his father Jagatu, brother Ramkhilawan and wife Jethia till 9th of August 2004. It appears that Ramkumar was called at the Police Station Suhela between 9-8-2004 and 10-8-2004 and was subjected to dehumanizing torture and was mercilessly beaten by the Police inside the Police Station, Suhela on 11/8/2004. Arrest of Ramkumar was not shown in the police records. On 11/8/2004 Ramkumar was taken by Assistant Sub-Inspector Subhash Kumar Pradhan under handcuffs to village Bhalesur, Sunderwan and Kathia. Ram Ratan Sahu, Karan Singh and Jethia Bai saw that Ramkumar had injuries and swelling all over the body and was not able to walk. A. S. I. Subhash Kumar Pradhan told the villagers that despite being severely beaten by him, Ramkumar was not confessing the guilt. Ramkumar was detained in the lock-up of P. S. Suhela on 11/8/2004. Dead body of Ramkumar was seen hanging with a piece of blanket used as a rope, in the toilet attached to the lockup in Police Station Suhela on the morning of 13/8/2004. Ramkumar was five feet five inches tall. The ventilator in the toilet was at a height of ten feet three inches. The width of the toilet was three feet five inches and length was eight feet ten inches. It is stated in the petition that the toilet of the lock-up is situated separately in the Police Station. Panchnama on the dead body of Ramkumar was prepared by Naib Tahsildar, Suhela (name not mentioned) on 13/8/2004. It was mentioned therein that no injuries were seen on the body of Ramkumar. On one side of the wall in the toilet, some marks resembling foot marks were seen . The dead body was brought down and examined but no injuries were seen on his entire person. 'The presence of lime was noticed on the back, elbow, palms, underwear and feet.

(3.) Dead body of Ramkumar was sent for post-mortem examination. Dr. A. P. Naik and Dr. G. S. Som conducted the post-mortem examination on 13/8/2004 and reported that there was a superficial abrasion at the back and contusion on the posterior aspect of left thigh, lower 1/3rd 13 cm x 3/4 cm. reddish In colour. Ligature mark was also noticed around the neck extending 1/2" below the right ear placed higher in neck below the chin and laryngs obliquely upward, following the line of mandible and uninterrupted reaching towards mastoid process behind right ear. Tongue was slightly protruded and caught between teeth. Dr. A. P. Naik and Dr.G. S. Som opined that cause of death was asphyxia due to hanging and was suicidal. It was also mentioned that circumstantial evidence of eye-witnesses should be taken into consideration to decide the exact mode of death. One Chittaranjanlal Paikra who accompanied the police to the mortuary for the post-mortem, examination on the dead body of Ramkumar swore an affidavit (Annexure P/3) that before conducting the postmortem, Dr. G. S. Som asked the police as to what kind of report is to be prepared whereon he was asked to prepare a routine type of report to show death due to hanging.