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NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal  No(s).  283/2014

BHAGWAN DASS  & ANR.                               Appellant(s)

                               VERSUS

STATE OF HARYANA                                   Respondent(s)

WITH  

Criminal Appeal No(s). 284-285/2014

BISHAMBER DAYAL                                    Appellant(s)

                               VERSUS

BHAGWAN DASS AND ANR. ETC.                          Respondent(s)

J U D G M E N T

R. BANUMATHI, J.

Criminal Appeal No.283 of 2014:

(1) Being aggrieved by the conviction under Sections 326, 331,

343 and 346 I.P.C. and the sentence of imprisonment of two

years imposed upon them, the appellants - Bhagwan Dass and

Magan Singh have preferred this appeal.

(2) The appellants, Bhagwan Dass and Magan Singh, were working

as Sub-Inspector/SHO and Assistant Sub-Inspector respectively

at the relevant point of time.  The allegations against the

appellants is that PW-25, Bishamber @ Bishamber Dayal, was kept

in  illegal  detention  by  the  appellants  at  Police  Station,

Dharuhera, from 07.10.1992 to 10.10.1992.  It is alleged that

the said Bishamber was subjected to custodial torture by the

appellants.   After  considering  the  evidence  adduced  by  the

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prosecution, including evidence of PW-24, Ram Pal, brother of

Bishamber Dayal and PW-26, Mahavir, the trial court acquitted

the  appellants  of  all  the  charges  framed  against  the

appellants.  On appeal, the High Court has reversed the order

of acquittal and convicted the appellants as aforesaid.

(3) We  have  heard  Mr.  Sushil  Kumar  Jain,  learned  senior

counsel appearing for the appellants, and Mr. Deepak Thukral,

learned counsel appearing for the respondent-State.  In spite

of notice, there was no representation for the victim-Bishamber

who has filed a separate appeal, Criminal Appeal NO(s).284-285

of 2014.

(4) Mr. Sushil Kumar Jain submitted that the occurrence was of

the year 1992 and the appellants, after acquittal recorded by

the  trial  court,  also  attained  the  age  of  superannuation.

Learned  senior  counsel  further  submitted  that  it  was  not

controverted by learned counsel appearing for the State that

the  Victim,  Bishamber,  has  been  given  government  job  and

presently working in the office of the District Commissioner at

Rewari.   Learned  senior  counsel  also  submitted  that  the

appellant, Bhagwan Dass, as of now is 80 year old and the

second  appellant,  Magan  Singh,  is  more  than  70  years.   He

further submitted that the appellants have already undergone

imprisonment of about fifteen months and prayed for leniency.

(5) Considering the facts and circumstance of the case and

having regard to the fact that the occurrence was of the year

1992,  interest  of  justice  would  be  met  by  reducing  the

imprisonment of two years to the period already undergone by

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the appellants.  Ordered accordingly.

(6) The appeal is accordingly disposed of.

(7) We make it clear that the reduction of sentence is in the

peculiar facts and circumstances of the present case and the

same may not be treated as precedent.

Criminal Appeal NO(s).284-285 of 2014 :

In view of order passed in Criminal Appeal NO.283 of 2014,

these appeals shall also stand disposed of.

..........................J.                 (R. BANUMATHI)

..........................J.         (VINEET SARAN)

NEW DELHI, AUGUST 14, 2018.