Punjab and Haryana HC convicts DSP in 1995 custodial death case [Read Order]

Punjab: The Punjab and Haryana High Court has delivered a significant order, convicting a Deputy Superintendent of Police (DSP) for murder in a 1995 custodial death case, overturning his earlier acquittal.

A Division Bench comprising Justices Sureshwar Thakur and Sudeepti Sharma allowed appeals filed by the State of Punjab and the complainant against the acquittal of DSP Gursewak Singh and other accused police officers.

The court noted that one Gamdoor Singh was brutally tortured in police custody in November 1995 and later succumbed to his injuries.

Rejecting the trial court’s reasoning for acquittal, the High Court held, “The demise of the deceased was homicidal, not natural. Resultantly, the appellants-accused are liable to be convicted for an offence punishable under Section 302 of the IPC, apart from the offences for which they are already convicted.”

The court relied on medical evidence and the testimony of a key witness to conclude that the death was caused by injuries inflicted in custody. It observed, “Even if, assumingly, opinion Ex.PG was made after a period of three months elapsed since the autopsy on the body of the deceased, yet unless cogent evidence was adduced by the defence, suggesting that the said opinion was falsely made and/or not based upon any concrete tangible material, the said opinion was required to be revered.”

Expressing its view on the DSP’s role, the court stated, “DSP Gursewak Singh has been named by Baghel Singh (PW-3); thereupon, even if the log book entries suggested that he was not at Sangrur at the relevant time, the said log book entries did not hold any vigor, nor did they undercut the unrebutted incriminatory statements made against DSP Gursewak Singh by PW-3.”

The court convicted DSP Gursewak Singh along with three other police officers—Harbhajan Singh, Kirpal Singh, and Jaswant Singh—for offences under Section 302 read with Section 34 of the IPC.

In conclusion, while overturning the acquittal, the High Court directed that the accused be taken into custody and produced before it on September 12, 2024, for a hearing on the quantum of the sentence.

 [Read Order]