Report No. 113

2.2. The prosecution and conviction.-

In due course, the Station House Officer and the two police constables were prosecuted and convicted in the Court of Session of the offence of culpable homicide not amounting to murder and sentenced to imprisonment for seven years. On appeal to the High Court, however, they were both acquitted. Presumably, the High Court did not consider the evidence on record as sufficient to prove the case against them beyond reasonable doubt. Against this judgment of the High Court of Allahabad, the State Government of U.P. appealed to the Supreme Court and it was in this appeal that the Supreme COurt had to pass very stringent strictures against the police officers concerned.

Allowing the appeal, the Supreme Court observed that it was ironical that a person who had complained against the police of misconduct was done to death by policemen and their superior officer. The Supreme Court also observed that the persons charged in this case had committed the more heinous offence of murder, and not merely the lesser offence of culpable homicide not amounting to murder of which the trial court had convicted them.