SC upholds judgement of Madhya Pradesh HC acquitting SHO

New Delhi, June 14 (UNI) The Supreme Court has upheld the judgement of Madhya Pradesh High Court acquitting an SHO charged with assaulting a person while in custody, who later died.

A bench comprising Justices Arijit Pasayat and B P Singh yesterday dismissed the appeal of state of Madhya Pradesh against the acquittal of Sewa Singh who had allegedly slapped and kicked deceased Achelal on his testicles as a result of which he had died.

The medical report showed no external or internal injury on the dead body and the cause of death was shown as unknown.The Forensic Science Laboratory(FSL), Sagar showed the presence of ethyl alcohol in the body of the deceased.Sewa Singh denied the allegations of beating and torturing the deceased.He was sentenced to five year imprisonment along with a fine of Rs 5000 for an offence under sec 304 part II, IPC by the sessions judge Tikamgarh.

But the High Court allowed the appeal of Sewa Singh and acquitted him. The testimony of the only witness, Kusum, was disbelieved by the High Court due to discrepancies and variations in her statement. At one stage she said the deceased was beaten up by Sub Inspector Pandey and Sewa Singh who was an SHO on December 14, 1987 when the custodial death occurred.

The SC in its judgement observed ,"it is true that in the case of custodial violence there would be less possibility of getting direct evidence and direct independent witness.In the present case medical evidence clearly shows that there was no external or internal injury. Above being the position the judgement of the acquittal passed by the HC does not suffer from any infirmity to warrant interference. The appeal is dismissed." UNI