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- by Parinda Bureau, December 23, 2005, 10:40 IST
The Additional District Judge (Fast Track), Barmer, Shri
Chandra Sekhar Sharma has awarded life imprisonment to Shri
Kishore Singh, Police Constable, ten years rigororous imprisonment
to Shri Sumer Dan, ASI and five years rigorous imprisonment
to Shri Sohan Singh, then Station House Officer of Police
Station Sadar, Barmer for torturing a person and severing
his private part. The proceedings against the fourth accused,
Shri Bheru Singh were abated as he passed away during the
trial.
The Court after conclusion of trial which involved testimony
of approximately 41 prosecution witnesses pronounced its judgement
on 21.12.2005 awarding the punishment.
On 5.2.1994, Sh.Jugta Ram s/o Sh.Amra Ram, resident of Barmer,
who was admitted in Govt. Hospital, Barmer submitted a written
complaint alleging that on 5.2.94 Sh. Bheru Singh, (private
person in whose shop Sh.Jugta Ram was earlier working) accompanied
by Sh.Sumer Dan, ASI and Sh. Sohan Singh, SI, both of P.S.
Sadar, Distt. Barmer took him to the barracks at Police Station
Sadar, Distt. Barmer (Raj.) and severed his penis with a sharp
object and thereafter they covered him with a blanket. However,
he fainted on account of excessive bleeding and when he gained
consciousness, he found himself in the Govt. Hospital, Barmer.
On the basis of the complaint, a case vide FIR No.45/94 was
registered at PS Kotwali, Distt. Barmer.
The investigation of this case was subsequently transferred
by the Govt. of Rajasthan to CBI and in pursuance of the orders
of the Govt. of Rajasthan issued on 14.2.94, the FIR No.45/94
of PS Kotwali, Barmer was taken up for investigation and FIR
No.3(S)/94 was registered at CBI Jodhpur Branch on 19.2.94
against Sh. Sumer Dan, ASI, Sh. Sohan Singh, the then SHO,
Sh. Kishore Singh, the then Police Constable, all of PS Sadar,
Barmer and Shri Bheru Singh Bhayal, private person.
After conclusion of investigation, a chargesheet was filed
against S/Shri Sumer Dan, Sohan Singh, Kishore Singh and Bheru
Singh Bhayal in the court of ACJM, CBI Cases, Jaipur on 12.5.94
for commission of offences punishable U/s 120 B (criminal
conspiracy) r/w 343 (wrongful confinement),326 ( voluntary
causing grievous hurt by dangerous weapons or means ), 323
(For voluntarily causing hurt) and 308 (Attempt to commit
culpable homicide) of IPC. Further substantive offences U/s
343,326,323,308 r/w 34 (Acts done by several persons in furtherance
of common intention) of IPC against Sumer Dan, U/s 323 r/w
326, 308 against Kishore Singh, U/s 343, 323 against Sohan
Singh and U/s 384 (For extortion),326,308 r/w 114(Abettor
present when offence is committed ) against Sh.Bheru Singh
Bhayal.
The trial of this case was subsequently transferred to the
court of ADJ (Fast Track), Barmer at the orders of the High
Court of Rajasthan. The case had drawn the attention of the
national & international media and also the Human Rights
organisation during the time.
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