SUPREME COURT & HIGHCOURT Rulings on POLICE

1.3 : I NTERROGA TIONBhagwan Singh vs State of Ponjab*FactsHeldJoginder Singh, ASI and the other three accused namely, two Head Constables and aConstable were working in the C.I.A. Staff, Amritsar. On August 6,1978 at about 4.00p.m. they went to the Hotel of Virsa Singh, PW6 and brought Joginder Singh, deceasedalongwith PWs 4, 5 and 6 to the C.LA Staff Room in Rambagh P.S. and interrogated.them about smuggled narcotic powder. In the CfJurse of interrogation, ASI and the twoHead Constables caused Injuries to the deceased with their weapons till he becameunconscious. PWs 4, 5 and 6 were kept outside under the guard of two. Constableswhen the deceased was being interrogated and heaten in the room. Thereafter, PWs 4,5 and 6 were also taken inside the room and it is alleged that all the accused inflictedinjuries on them also while interrogating them about the smuggled powder. PWs 4, 5and 6 were then taken to C.I.A. main building and were detained there till August 9,1978. Later, they were dropped near a by-pass road. They went to the Hospital and gotthemselves medically treated by PWI, Civil Surgeon, Amritsar. Further case ofprosecution is that the unconscious deceased was taken in a car but he expired on theway and the dead body was thrown into a river and the same could not be recoveredduring investigation. PW 8 went to the village of deceased and informed his wife. Shethen met the S.S.P. and gave a report to him. As per Punjab Police, Rules, S.P.Amritsar City took up the investigation and recorded the statement of witnesses. Hevisited the scene of occurrence and found' the walls of interrogation room stained withblood. After completion of the investigation a charge-sheet was filed. The trial Courtconvicted accused persons under Section 365 I.P.C. only. The High Court, however,took a different view. Accepting the evidence of PWs 4 to 10 particularly that of injuredwitnesses PWs 4 to 6. The High Court also reached the conclusion that when once it isproved that the injured witnesses along with the deceased were kidnapped. Confinedand beaten up and later if dead body was not to be traced the only inference that can bedrawn is that the accused also caused the death of the deceased. Against this judgmentthese criminal appeals.It may be a legitimate right of any police officer to interrogate or arrest any suspect onsome credite material but such an arrest must bean accordance with law and theinterrogation does not mean inflicting injuries. It should be in its true sense purposeful,nanely, to make the investigation effective. Torturing a person and using third degreemethods are of medieval nature and they are barbaric and contrary to law. The police*(1992) 3 SCC 249