SC acquits 11 policemen accused of torturing man to death

New Delhi, Nov 28 (UNI) The Supreme Court today acquitted 11 policemen from the State of Maharashtra who were sentenced to life imprionsment with a total fine of Rs 2,15,000 in a case relating to the custodial death of an accused in a dacoity case.

A bench comprising Justices G P Mathur and A K Mathur while reversing the Bombay high court judgment, restored the trial court's judgment of acquittal.

While admitting that such incidents of 'suspect dying' in the police custody has lately increased, the apex court observed ''We are of the opinion that the view taken by the division bench of the Bombay high court in reversing the judgment of Second Additonal Sessions judge does not appear to be well founded. Normally the appellate court is very slow in interfering with the order of acquittal unless there are compelling circumstances to do so. After going through the judgment of the trial court, we are of the opinion that the view taken by the trial court appears to be just and proper in the given facts and circumstances of the case and it was not proper for the division bench of the Bombay high court to reverse the finding.'' In all 17 policemen were put to trial in a case relating to the custodial death of Dilip Ghosaale in 1987, but six others were acquitted while 11 of them were sentenced to life imprisonment.

The body of Dilip Ghosaale, an accused in a dacoity case, was recovered after two years in 1989 and finger prints could not be matched.

Most of the eye witnesses turned hostile, who according to the State of Maharashtra had criminal background and were allegedly won over by the accused police personnel who closed dacoity cases pending against them.

According to the State of Maharashra the case of death in encounter was also closed by the police after sometime.

The apex court described the instances of custodial death as unfortunate scenario. The appealant includes Sadashio Mundaji Bhalerao.

UNI AKS/SC DKA RP HS1803