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High Court of DelhiW.P.(CRL)/362/2008

Ram Beti v. Delhi Police & ORS

2016-05-30Hon'Ble Mr. Justice Pradeep Nandrajog2 pages

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 362/2008 RAM BETI ..... Petitioner Represented by:

None.

versus DELHI POLICE & ORS ..... Respondents Represented by:

Mr.Varun Goswami, APP with Ms.Nandita Rao, ASC

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

O R D E R

% 30.05.2016 1.

Petitioner is the wife of late Jai Ram. Vide judgment dated July 27, 2006 passed in Sessions Case No.148/2006 a finding of fact has been returned that whilst in police custody Jai Ram was assaulted resulting in his death.

2.

Of the various police personnel who were present in the police station at that time only SI Satbir Singh has been convicted for the offence punishable under Section 304 Part-II read with Section 34 IPC. Other accused sent for trial have been given the benefit of doubt inasmuch as evidence surfaced that though a large number of people acted in concert to cause fatal injury as a result whereof Jai Ram died, role of others could not be established but indeed everything happened in the police lock-up and therefore exact role played by different police officers could not surface. W.P.(CRL) 362/2008

3.

It had commenced when a DD entry concerning an alleged theft was registered at police station Patel Nagar. Convicted SI Satbir Singh was entrusted the investigation. FIR for the offence punishable under Section 379 was registered. Jai Ram was taken to the police station and ostensibly therefrom to Khera hospital.

He died.

The family members made allegations of being beaten to make a confession. FIR for offence of murder was registered. Insp.Dharamvir Gupta took over the said investigation. 4.

Direct involvement of SI Satbir Singh emerged during investigation. In view of the evidence led he has been indicted. Therefore, State must recompense the petitioner, who is the wife of the deceased. 5.

Notwithstanding none appearing for the petitioner, I deem it appropriate to dispose of the petition granting compensation in sum of `5 lacs to the petitioner which shall be borne by the Delhi Police and payment shall be made out of the funds allocated to Delhi Police. 6.

Payment shall be made within six weeks from today failing which the sum of `5 lacs granted as compensation shall bear simple interest @ 9% per annum reckoned from six weeks after today. 7.

No costs.

8.

Dasti.

PRADEEP NANDRAJOG, J.

MAY 30, 2016 rk W.P.(CRL) 362/2008