Summary
The Supreme Court upheld police officers’ convictions for hurt with dangerous weapons and refused permission to compound the offence despite the deceased’s family agreeing to compensation. Whether a wooden baton is dangerous depends on its use, and the proved custodial beating raised serious public concerns. Considering the officers’ advanced age, the Court separately reduced the Section 324 sentence from one year to six months and directed distribution of their additional compensation deposits.
Issues
- Whether use of a wooden lathi or baton excluded conviction under Section 324 IPC on the proved custodial assault.
- Whether family consent and compensation warranted permission to compound the offence or modification of sentence.
Provisions considered
- Section 324, Indian Penal Code, 1860A wooden lathi or baton may constitute an instrument which, used as a weapon of offence, is likely to cause death, depending on how it is used. The findings and injuries supported the conviction. (¶¶ 21, 22, 23, 24, 25)
- Section 320(2), read with Section 320(5), Code of Criminal Procedure, 1973Although Section 324 was compoundable under the law applicable to the 1985 offence, appellate composition still required judicial leave. That leave was refused after considering the nature of the custodial violence and its societal effect. (¶¶ 26, 27, 28, 29, 30, 32, 35, 36, 37, 38)
Held
- The evidence of the injured eyewitness was not discredited merely by his relationship to the deceased. Nonproduction of the exhibited weapons for his identification was not fatal on this record. (¶¶ 19, 20, 23)
- A lathi or baton is not categorically outside Section 324. Its manner of use and the proved injuries justified the conviction here. (¶¶ 21, 22, 24, 25)
- Family agreement does not make permission to compound automatic. Brutal assault by officers entrusted with protecting the public undermines public confidence and justified refusal of leave, notwithstanding the historical compoundability of the offence. (¶¶ 28, 29, 30, 32, 35, 36, 37, 38)
- Refusal of composition did not preclude considering sentence separately. In the particular circumstances, including that both officers were over seventy-five, the Section 324 sentence was reduced to six months; their deposits of Rs.3.5 lakh each were directed to the deceased’s legal heirs in addition to the High Court’s compensation. (¶¶ 39, 40, 41, 42, 43, 44)
Result
Appeals partly allowed only by reducing the Section 324 sentence from one year to six months and directing additional compensation; the conviction was upheld and compounding refused.