Custodial Death - HC livid.

Police in dock for custodial death.
- Times of India, November 6, 2008

New Delhi: Stating that beating up an accused to the extent that he dies while in police custody does not fall under the "ambit of official duties", a sessions court has slapped stringent charges on Delhi police officials in an eight year old custodial death case.

Pulling up on Delhi police, having made the offence under Section 304 A (death caused by rash or negligent act) for custodial death. Additional Sessions Judge Brijesh Garg said, " By no stretch of imagination can it be said that the accused persons were authorized to give such beatings to the deceased.. while discharging their official duties of investigating some crime or offence. "

The court further ordered the framing of charges under a more stringent law. "There is enough material on record to make out a prima facie case for the offence under Section 304 ( culpable homocide not amounting to murder) against both the accused officials," ASJ Garg said.

The case dates back to 2000 when Lekh Raj died in police custody. The police had initially chargesheeted the accused officials under Section 304 A. As per the case, Lekh Raj was apprehended by the public when he was trying to flee from the spot where he had committed a robbery. He was severely beaten up by the people and later arrested by the police. An FIR was filed against him at the Connaught Place police station and his custody was handed over to the then SI Subhash Chand and constable Naresh Pal.

Since he sustained injuries, he was taken to the RML Hospital on March 31, 2000 from where he was discharged late in the night. In the report, it was stated that he sustained three injuries. He was then sent to the lock-up. On April 1, 2000, when Lekh did not wake up, the officials took him to the hospital where he was declared brought dead.

In the chargesheet, the police, however, chalked out a case of death caused by negligence. The case kept hanging lose and was then transferred tot he Fast Track Court of ASJ Garg. Dismissing the contention of the police, the court took into account the postmortem reports which stated the diseased sustained 10 injuries. The court said the medical reports of the diseased before police custody mentioned only 3 injuries whereas the postmortem suggested 10 injuries. These injuries could have been caused only during the police custody.