Revision Petition against the Order of the Judicial Magistrate
IN THE COURT OF THE JUDICIAL MAGISTRATE OF1ST CLASS,
PENUKONDACr. No. 25/93 of Puttaparthi PS.,
First Information Report
(Under Section 154 Cr.P.C.)
1. District: Anantapur, RS.: Puttaparthy. Year 1993 2. i) Act:............................ Sections : 324, 326, 307, 302, 332, I.P.C. r/w 34 I.P.C. and Police Firing. ii) Act:............................... Sections :-....................................................... iii) Act:............................... Sections :-....................................................... iv) Other Acts & Sections:......................................................................... 3. a) General Dairy Reference: Entry No. Page No.12, Time: 00-15 hrs., Dt. 7-6-93 b) Occurrence of offence Day: Sunday, Date: 6-6-93, Time: 10-30 p.m. Information received. c) at the Police Station Date: 74-6-93, Time: 00-15 hrs, G.D. Page No.12. 4 Type of information: Written
A.P.P.M. Order: 470 / Form: 62 / FIR No.25/93 / Date: 7-6-93.
5.Place of Occurrence: a) Direction and Distance from P.S.: 1/4th Furlong North-West.
b) Address: Parasanthinilayam, Puttaparthy.
c) In case outside limit of this Police Station, then the name of P.S.:.........
6. Complainant / Informant:
a) Name: K.N. Gangadhara Reddy.
b) Father's/Husand's Name:.....................................
c) Date, Year of Birth / Age: 20-3-1947.
d) Nationality: Indian.
e) Address: K.N. Gangadhara Reddy, Inspector of Police, Puttaparthy.
7. Detail of known/suspected/unknown/accused with full particulars
(l) E.K.Suresh Kumar (2) Jagannathan (3) K. Sairam (4) Suresh
Santharam Prabhu @ Prabhu, Prasanthinilayam, Puttaparthy.
8.Reasons for delay in reporting by the complainant/lnformant:...............
9.Particulars of properties stolen/involved:................................................. (Attach separate sheet, if reqd.)
10. Total value of properties stolen/involved:................................................
11. Inquest Report/Un-Natural Death case No. if any:.................................
12. F.I.R. contents. (Attach separate sheets, if required):............................ (Separate sheet attached)
13. Action taken: Since the above report reveals commission of Offence (s)
U/s: U/s 324, 326, 307, 302, 332 I.P.C. R/w 34 I.P.C. and Police Firing.
Registered the case and took up the investigation/directed: Being
......................................to take up the investigation/transferred to P.S.
......................................on point of jurisdiction.F.I.R Read over to the Complainant/lnformant admitted to be correctly
recorded and a copy given to the complainant/informant free of cost.
Signature of the Officer-in-charge, Police Station, with Station House Officer, Puttaparthy P.S.,
Name : U. Veeranjaneyulu
Rank: H.C. 95Signature/Thumb impression of the Complainant/lnformant
The contents of the written complaint of Sri K.N. GangadharaInquest report held over the dead body of Sai Kumar Mahajan on 7.6.1993 in Puttaparthi P.S. Cr. No.25/93 U/sec. 324, 326, 307, 332, 302, IPC R/W 34 IPC and Police Firing.
Reddy Inspector of Police, Puttaparthy runs as follows:-
To: The Station House Officer, Puttaparthy.
On 6-6-1993 at about 10-30 p.m. on hearing cries on the road and people rushing towards Prasanthinilayam, I learnt that some people attacked Swamiji Mandir to kill Baba. Immediately I along with S.Is. of Puttaparthy, Kothacheruvu and Bukkapatnam P.Ss., and staff present with me then rushed to Baba's Mandir in Prasanthinilayam and there I learnt that some group of people went to - Mandir and four assailants namely (1) S.K. Suresh Kumar, - (2) Jagannatham (3) K. Sairam and (4) Suresh Santharam Prabhu @ Prabhu of Prasanthinilayam and Puttaparthy entered into Baba's ground room on pretext of handing over a Telegram when disciples 1) Radhakrishna 2) Anil Patley 3) Vishnu Bhatt and 4) Sai Kumar Mahajan present in said room, objected and that said assailants attacked and stabbed them with daggers indiscriminately and went to upstairs to do away Swamy. It is further learnt that all four injured were shifted to Super Specialities Hospital. I found all doors of Mandir were bolted from inside. There was huge gathering of public. We secured ladder and climbed over to upstairs of Mandir. Four assailants rushed in Baba's living room and closed doors and bolted from inside. On that I along with my party rushed and demanded to open doors and surrender. But in vain, one of Door Plank was broke open to enter into said room. At about 11-30 p.m. four assailants armed with daggers suddenly opened doors, pounced on Police, attacked and caused injuries to H.C. 1129, P.Cs., 844, and 1302 with a view to kill. As Police could not over power - them, in self-defense, S.Is, Puttaparthy, H.C. 1129, PC. 844, 1302 and A.R.P.C.. 581 opened fire killing all the four assailants in the Mandir. I posted guard at the scene and controlled furious mob gathered around Mandir. On contacting Hospital authorities, I came to know that injured 1) Radhakrishna and 2) Sai Kumar Mahajan are succumbed to stab injuries and remaining two injured namely 1) Anil Pately and 2) Vishnu Bhat are in operation theatre under going operations.Hence you are instructed to register this as a case U/s 324, 326, 307, 302, 332 I.P.C. R/W 34 I.P.C. and Police Firing of your P.S., issue Express F.I.Rs., to all concerned and a copy of F.I.R. to me for investigation. Sd/- K.N. Gangadhara Reddy, C.I., Puttaparthy, 7-6-l993/00-l5.hrs.
I registered the above complaint as Cr. No. 25/93 U/s 324, 326, 307, 302, 332 I.P.C. r/w 34 I.P.C. and Police Firing of Puttaparthy P.S., and submitted Express F.I.Rs., to all the concerned Officers and sent a copy of F.I.R. to the Inspector of Police, Puttaparthy for investigation.
Sd. U. Veeranjineyulu, H.C.95 Station House Officer, Puttaparthy P.S.,
Received through P.C. No. 447 of Puttaparthy P.S., at 6-10 p.m. on 7-6-1993.
Id/- M.V.R.N. 7-6-1993, JFCM., Pkd.,
Sealed: District Munsif's Court : Penukonda. Received on the Dt. 8-6-1993"
Id/-R.P.O Head Clerk//1 True Copy//Typed by: P.R.R.K. Compared by:
No. of Words: 902
No. of Corns NIL
Sd. K. Brahmaiah, Examiner
(Translated from Telugu to English)
IN THE COURT OF THE JUDICIAL MAGISTRATE OF 1ST
Crime No. 25 of 1993 of Puttaparthy P.S.
Prepared at Mandir of Bhagwan Sri Sathya Sai Baba in Prashanthi Nilayam on 7th June of 1993 early morning 02.00 hours. In the case of Puttaparthi P.S. Cr. No. 25/93 V/S 324, 326, 307, 302, 322, IPC r/w 34 IPC, above mentioned Sri Satya Sai Baba Mandir was identified as place of crime and the observations are as follows:
Mandir is facing north, on north side of the Mandir there is an open ground. It is meant for disciples sitting for Baba's darshan. On the Western side of the Mandir there is a door facing eastern side. When this door is opened there is a small room. In that room Northern side there is a big "Simhasana". The room has a door facing eastern side. On Western side there is another room we were told that this room is meant for Swamiji's interview. From the first room there is a way to enter into the Swamiji's dining room. From this room to enter the Swamiji's bed room there is a stair case with 18 steps. In up stairs after stair case there is a room. From this room there is a way to enter the veranda which is situated at northern side and right on top of the Mandir.
There is a way from this room to enter Swamiji's bedroom and the door is facing north. On Western side room there is Swamiji's bed on "Naga Thalpa" made of silver. There is North facing door from this room to enter Swamiji's bath room. Western side of this there is Swamiji's private room with North facing door which is locked. On eastern side of this room there is a way to enter into Mr. Radhakrishna's bedroom. On both the sides of this way there are almirahs etc. In Radhakrishna's bedroom, bed is in east-west position opposite to which there is a small almirah. On the Southern side of this room there is is Radhakrishnan's bath room. And on Eastern side, a reading room. In this room is one bed, one almirah and racks with door fixed to walls is full of fancy items that are packed. From this room to enter into the veranda which is situated southern side of of the Mandir, there is a door facing West. In the same manner there are rooms on the Eastern side and there are different goods.
The place of crime is got photographed in different angles by Mr. Padmanabhan of Puttaparty Sai Towers. In the first floor Western part of the Sathya Sai Baba Mandir i.e., in Swamiji's bed room and in its front there were clothes soiled with blood and other things were found, as mentioned below, and seized:
1) One rose colour door curtain, 2) Another rose colour door curtain, 3) Khadi with navyblue border and yellow colour design, 4) One Khadi dhothi with navy border and yellow colour side design, 5) One light rose colour door curtain,6) Rose colour bed cover with stripes, 7) A bed cover with rose coloured flowers, green leaves, white stripes with green leaves between them, 8) Bed cover with cement, yellow and rose coloured stripes, 9) Bed sheet with white and rose stripes, 10) Bed sheet with cement and white coloured stripes, 11) Two covers with rose colour, 12) Yellow coloured pillow covers, 13) Light blue sponge seat cover with flowers on it, 14) Door curtain with a design in yellow, green and violet coloured flowers, 15) White polyester bed cover 16) Blue "Malinal" pillow cover, 17) Around pillow wrapped in white polyester cloth with blue stain, 18) Red "Malmal" hand bag (just looks like a plastic bag), 19) Foot mat with white and pink colour, 20) Violet coloured hand purse with black zipper, 21) Khadi dhoti with navy blue border with yellow coloured design, 22) Spectacles with metal frame, left side frame left side lens is there with blood stains on it. One Casio digital wrist watch with rectangular shape, stainless steel dial and chain. On checking this place of crime, on the western side of the Mandir at the door which leads upto the Swamiji's dining room, there is a bedsheet wrapped, just beside this there is a handbag. The following things were found in the bag: 1) One bed cover with red, blue, and black stripes. In this 2) there is a sword made of metal with full length of 2 1/2 feet, with 8 inches metal handle painted with red colour; sword length is 22 inches and sharp on both sides and is kept in a thick white cover. (3) a hammer type weapon. It's length is 25 inches. A hammer type metal weapon is fixed to it 4) One sponge pillow with flower design, 5) One white pyjama with white trousers 6) three half shirts, one full shirt, 7) One cotton bag with red, white, green coloured spots, stripes and flower designs, in that 8) two cotton banians, 9) one full banian, 10) three cut drawers, 11) Four washed hand kerchiefs, 12) Two new hand kerchiefs in a polythene cover; 13) A lungi with blue and black stripes, 14) Old and white turkish towel, 15)another old white towel, 16) Light saffron khadi dhoti with black border, 17) Sri Anjaneya Sahasranama book in Kannada with red binding, 18) On one white polythene cover (which reads, Aum Sai Ram SSSB) there is a white plastic container wich contains white powder. The label on the container reads "POTASSIUM CYANIDE" ARFERAX, 19) One brown coloured leather belt in red polythene bag, 20) One Premium Beauty
Talc Powder, 21) One small dark brown rexin lady bag in which black plastic tin there, when shaken it is felt that there is some thing in the tin, could not open it, 22) six
candles, 22) One rose coloured ribbon, 23) One white nylon tapereel,23) One plastic disposable syringe which is sealed in plastic paper. The label on this reads TRANSEMA, 24) In a sealed plastic cover there is a "DISPOVAN" DISPOSABLE SYRINGE, 25) Another syringe of same type, 26) In a blue coloured polythene cover, there are some clothes and a washing soap, 27) used VICCO Vajradanthi, 28) Classic tooth brush, 29) Wilman shaving brush, 30) Black plastic razor, 31) Palmoline shaving cream, 32) In a plastic twin blade container there are shaving blades, 33) Small plastic container of syringe needles with marking "SHARP LEADS", 34) Cloth washing brush, 35) Glostoplast first aid medicated dressing, 36) One orange coloured old plastic soap box which has used Lifebuoy soap, 37) Light green coloured nylon, cloth washing sponge. When searched for the personal belongings of the dead Mr. Jaganathan, 1) One small pocket diary of telephone numbers, 2) Two plastic packets of Om Sai Ram Vibhuthi, 3) Small Sai Baba's photo.
At. E.K. Suresh Kumar, 1) Four plasters of first aid medicated dressing, 2) White cloth used for banians with blood stains, 3) two Nutrine "ULE" fruit cream chocolates. At Suresh Shantharam Prabhu, I) Bagpiper Whisky Brand Key ring with eight keys and a small chain, 2) A pocket size book of "Bhajanavali", in Kannada, 3) In this book there are two 500 rupees notes and five, hundred rupee notes totally 1500 (Rupees fifteen hundred), 4) Sai Baba pocket size calendar card of 1992, 5) A photo of a five headed Swamiji along with Raghavendra Swamiji, 6) Small vibhuthi pocket in Om Sai Ram packet, 7) A dried leaf plant, 8) A small chit showing expenditure.
At the dead body of Sairam I) One hand kerchief with black border and stained with blood, 2) White banian cloth one piece, 3) Tickets of tiffin, coffee and tea of Prashanthi Nilayam Canteen, 4) One Elasto Plast medicated first aid dressing, 5) Band proof Johnson and Johnson plaster, 6) Four Nutrine. Chocolates in which 3 are "ULE" and one is "Bunny" were found and all these are seized.
Not legible, 7.6.93.
Sd. Mandal Executive Magistrate, Puttaparthy.
Sd. K. Ramakrishna Reddy, VA.O., 7.6.93.
Sd. K. Suryanarayana, 7.6.93.
Sd. K.A.L. Narayana, 7.6.93.
Sd. M. V. R. M., J. F. C. M.
Sealed: District Munisif Court, Penukonda.
Received on 24.6.93 id/R.P.C. Head Clerk.
(Translated from Telugu to English)Inquest report held over the dead body of N. Radha Krishna, in Puttaparthi P.S. Cr. No.25/93, U/s 324, 326, 307, 302, 332, I.P.C. R/w 34 l.P.C. and Police firing held on 7.6.1993.
IN THE COURT OF THE JUDL. MAGISTRATE OF 1ST
Cr. No.25/93 of Puttaparthi P.S.
I (a) 1) Beedupally, Opula Reddy, 58 years S/o. B. Nagi Reddy, Kapu Community, Prashanthi gram H/0. Beedupally, Beedupally VAO.
2)Ediga Goundappa: - 63 years, S/o. Laxmamma, Eediga Community, Toddytappers, Kummarapeta, Puttaparthi.
3) LAKKINTI Prabhakar, aged 35 years S/o. Sanjeeva Reddy, Kapu Community Business, Puttaparthi.
b) 1) Dr. Malli Venkateshwar Rao, age 36 years S/o. Malli Koteshwar Rao, Lecturer, Bio-Scienees, Sri Satya Sai Institute of Higher Learning, Puttaparthi, Rio. Staff Quarters, Samadhi Road, Puttaparthi.
2) Gouri Peddi Venkita Prabhakar Rao, S/o. G.M Prabhakar Rao, aged 49 years, S/o. G.M Narasimha Rao, Reader Dept. of Mathematics, Sri Sathya Sai Institute of Higher Learning R/o. B-6, Staff Quarters, Samadhi Road, Puttaparthi.
3) Aakolla Sudheer Bhasker, aged 41 years S/o. Late A.S. Shastri Reader in Business Management, Sri Sathya Sai Institute of Higher Learning, Puttaparthy.
4) Dr. Battala Vedagiri Sai Chandran, aged 25 years S/o. B.A. Vedagiri, Doctor working in CTUS Dept., Super Speciality Hospital, Puttaparthy.
II N. Radhakrishnan, aged 35 years, s/o. Nankhan, car driver of Bhagwan Sri Sathya Sai Baba and personal assistant R/o. Prashanti Nilayam, Puttaparthy.
III On 6.6.1993 at 9-50 PM in intensive care unit of Puttaparthy Super Specialities Hospital, "Pothi" Radhakrishnan was first seen dead by the duty doctor and other staff.
IV On 6.6.1993 before 9-50 p.m. "Pothi" Radhakrishnan was lastly seen by the duty doctor B.V Sai Chandran and other staff of Puttaparthy Super Specialities Hospital, in intensive care unit with injuries and in an unconscious state.V Height 5 ft. 10 inches, brown complexion (1) on left wrist there is a healed injury mark (2) There is another healed injury mark. VI Dead body is in good condition, and in laid back position head towards north and legs towards south in the mortury of i.e., situated on southern side of Super Speciality Hospital. Hair length is of 3 inches, colour black, and white. Neatly combed, eyes opened and mouth opened, upper line of teeth could be seen. Legs are stretched parallel to each other. Two hands are folded andare resting on belly Fingers of both the hands are folded towards the palm. INJURIES: 1) From left ear to neck there is a wound with stitches, 2) Cut injury on stomach, 3) Stab injury of more than 2 inches just above the right nipple, 4) Stab injury on right side of the belly, 5) 5 inches cut injury below right forehead, 6) Cut injury inside the right forehand, 7) Just 3 inches and 5 inches right to the injury No.2 there are the stab injuries, 8) 3 inches left to the injury No.2 there is a small stab injury, 9) 2 inches below the injury No. 8 there is a small stab injury, 10) Cut injury on inside part of the right thumb, 11) Two cut injuries on the part above the right wrist, 12) A two inches long cut injury from below the part of left thumb to back side, 13) Cut injuries on left palm, 14) Small cut injury inside the little and ring finger of left hand, 15) Two cut injuries on the back side of the righ thigh. CLOTHES: Super Specialities Hospital people have covered the dead body with a white cloth. There are no clothes or ornaments on the body. There is a single threaded waist thread of red colour around waist. Hospital people were asked to get the "pothis" clothes. They are as follows: 1) White shirt with full of blood, shirt cut by the hospital people 2) white terry cotton trousers with white belt on it. Torn on back side of the right knee portion, 3) White banian full of blood. It was cut and opened. 4) White cut drawer with elastic, which has letter "CLUB". There is a label with same letter, 5) Biscuit coloured napkin with border on four sides, with full of blood. All the above mentioned clothes are seized. VIII Dead body was in laid back position head towards north and legs towards south in the mortuary which is situated in the southern side in Puttaparthy Super Speciality Hospital. A, B, C: No. IX "Pothi" N. Radhakrishnan seems to be dead of injuries mentioned in the Col.VII. X It seems that the death is due to the stab injuries with the sharp daggers. ACCUSED 1) E.K. Suresh, 32 years S/o. MadhavanNambiar, E.S.C-14, Prashanthi Nilayam, Puttaparthi, 2) Jagannathan 29 years S/o. Late YS. Nageshwara Rao. No. 582 lst, 4-Cross Road, Dommalur Lay out, Bangalore 3) K. Sairam, aged 25 years S/o. V Krishnamurthy, studying final M. Com Sri Satya Sai Institute of Higher Learning, Puttaparthi r/o No.14, l2th Cross, Vasanth Nagar, Bangalore 52, 4) Suresh Shantharam Prabhu, 42 years S/o. Shantharam Shankar Prabhu, W-2- AS Prasanthi Nilayam, Puttaparthi. These were aiming to kill Bhagavan Sri Satya Sai Baba and entered the Prasanthi Nilayam with deadly weapons such as daggers and knocked the doors of Baba's Mandir wrongly saying that there is a telegram to Baba. 'Pothi' Radhakrishnan and another "pothi" Sai Kumar Mahajan and the two persons who are at present are getting the treatment - Anil Patley and Vishnu Bhat have opened the door. Then the accused rushed towards Swamiji's bedroom in the Mandir. "Pothi" and other three have prevented them. Then the accused over powered these four and stabbed them indiscriminately with the daggers resulting in the injuries which are mentioned in Col. VIII 1 to 15. Due to which he died.
XI b) Don't know.
XlI Dead Body is sent for medical examination.
XIII To know the reasons for death, I. D.S.P. of Kadiri IC passed an order and dead body was sent to Penukonda Government Hospital on 7-6-1993 at 12 noon by AR HC 892, AR PCs 1870, 528.
XlV After Post-Mortem the body has been handed over to the relatives for funeral rites.
XV We all conclude that the death occurred to the "pothi" N. Radhakrishnan as mentioned in the Col.XI (a)
XVI 1) Sd. B. Obula ReddyV.A.O. 7-6-1993
2) Sd. Eediga Govindappa
3) Sd. PrabliakarReddy
XVII Sd. Not legible 7.6.1993
S.P.P.O, PKD 1/C Kadiri
Sd. Not legible 7.6.1993
XVIII Not applicable.
XIX to XXV related to railway.
XXVI Time taken for investigation 3 hours.
Investigation started on 7.6.1993 at 6.30 a.m.
Investigation ended on 7.6.1993 at 9.30 a.m.
Sd. Not legible 7.6.1993
Sub-Divisional Police Officer,
Penukonda, 1/C, Kadiri, Camp Puttaparthi.
Received through H.C.64 of Penukonda at 1 p.m.Sd. MVRN
Sealed: Dist. Munisif Court, Penukonda,
received on 19.6.1993 RPC Head Clerk.
Sd. K Brahmaiah
(Translated from Telugu to English)
IN THE COURT OF THE JUDICIAL FIRST CLASS
Cr. No. 25/93 of Puttaparthi P.S.
I 1. Beedupally obula Reddy, aged 55 years S/o. B. Nagi Reddy, Kappu Community Rio. Beedupally, Beedupalli VAO.
2. Eediga Govindappa, aged 63 years S/o. Laxmanna, toddy tappers, Eediga community, Kumarapeta, Puttaparthi.
3. Lakkanti Prabhkara Reddy, aged 35 years S/o. Sanjeeva Reddy, Kapu Community, Business, Puttaparthy.
5 1. Dr. Mulli Venkateshwara Rao, aged 36 years, S/o. Koteshwara Rao, Lecturer in Bio-sciences, Sri Sathya Institute of Higher Learning, residing in staff quarters, Samadhi Road, Puttaparthy.
2. Goripeddi Venkata Prabhakar Rao @ G.V. Prabhakar Rao, aged 49 years S/o. G.V. Narasimha Rao, Reader in Mathematics Sri Sathya Sai Institute of Higher Learning, Puttaparthy, residing in B-6 Staff Quarters, Puttaparthy.
3. Aarolla Sudheer Bhaskar aged 4l years S/o. Late AS. Shasthri, Reader, Business Management, Sri Sathya Sai Institute of Higher Learning.
4. Bathala Vedagiri Sai Chandran aged 25 years S/o. B.A. Vedagiri, working as doctor, CTVS Dept, Super Speciality Hospital, Puttaparthy.
II Sai Kumar Mahajan aged 25 years, Male, unidentified community, studying lst Msc., in Sri Sathya Sai Institute of Higher Learning, Puttaparthy. S/o. Late Professor C. L. Mahajan residing in Nelapathagala Block, Puttaparthy.
III 0n 6-6-93 at 9-45 PM in the intensive care unit of Super Specialities Hospital I could see "pothi" dead with the help of Duty Doctor B. V. Sai Chandran and other staff.
IV On 6-6-1993 at 9-45 PM went to intensive care unit of Super Specialities Hospital and have seen lastly alive and taking treatment, with the help of duty doctor B. V. Sai Chandran and other staff.
V Height 5 ft. 10 inches, brown complexion
1. Beneath the left knee there is an healed injury mark.
2. A large black mole just beside the right nostrils
VI Unmarried, male student.VII The dead body was in good condition. It is in lying back position head towards north and legs towards south in the mortuary building which is situated in south of the Puttaparthi Super Specialities Hospital. Hair neatly combed and of 1 1/2 inches length and black colour. Eyes and mouth are open, legs stretched and are parallel. Two hands are folded and are resting on stomach. Fingers of both the hands are folded towards palm.
INJURIES:I) Stab injury just above the left nipple, 2) Just beside this injury there is another small stab injury, 3) Stab injury on left side of stomach, 4) Stab injury on belly, 5) On the hips nail scratch injuries, 6) stab injury on left buttocks,
CLOTHES:I) Hospital people have covered the dead body with white cloth. There were no ornaments when observed the clothes of "pothi" removed and preserved by the Hospital authorities was found, 1) White cotton shirt full with blood smears, label on color reads "Mello Fashion". On right side below, shirt is torn. 2) White pyjama, with elastic at waist. Label inside reads "Mezzo" and is with blood stains. 3) White elastic cut drawer with blood stains All these things were seized. VIII Dead body was laid back with legs towards southern side in the mortuary which is situated southern side in the premises of Puttaparthy Super Specialities Hospital. a, b, c, No. IX Death is due to the injuries mentioned in col. No. VII X It is likely that the death is due to stabbings with daggers.
XI a) Accused 1) E.K. Suresh 32 years S/o. Madhavan Nambiar ESC-14 Prashanthi Nilayam, Puttaparthy, 2) N. Jagannadhan 29 years S/o. Late Y.S. Nageshwara Rao, No. 582 lst A Cross Road, Dummalur Layout, Bangalore7l, 3) K. Sairam, 25 years S/o. V Krishnamurthy, studying in M. Com. Sri Sathya Sai Institute of Higher Learning, Puttaparthy. R/o. 14, 12 Cross Vasanthanagar, Bangalore 52, 4) Suresh Shantharam Prabhu, W-2-A5 Prashanthi Nilayam, Puttaparthy, were aiming to kill Bhagavan Sri Satya Sai Baba on 6-6-93 nearly at 9-30 PM entered the Prashanthi Nilayam with deadly weapons such as daggers, and knocked the door that there was a telegram for Swamy. "Pothi" Sai Kumar Mahajan and another (pothi) Radhakrishnan, and the persons who were injured and undergoing treatment Mr. Anil Patley and Vishnu Bhat opened the door, the accused rushed towards the Swamiji's bed room (pothi) Sai Kumar Mahajan and other three while preventing them to enter, these three accused over powered these four people and stabbed them indiscriminately with daggers resulting in the death of "pothi" due to the injuries mentioned in Col. VII from 1 to 6.
XI b) Don't know.XII Sending the dead body for medical examination.
XIII 1) To know the reasons for death, I 1/c DSP of Kadiri passed an order and sent the dead body to Penukonda Government Hospital on 7-6-93 at 12 noon for post mortem with AR HC 892, AR PCs 1870, 528.
XIV After post-mortem I have ordered to hand over the dead body to the relatives.
XV We the investigators conclude that the "Pothi's" death occurred as mentioned in Col XI a.
XVI Sd 1. B Obula Reddy VAO 7-6-1993
2. E. Govindappa
3. Prabhkar Reddy
XVII Sd. Not legible 7-6-1993
DSPO PKD 1/c Kadiri, Sub-division
Sd. (Not legible) 7-6-1993
XVIII A. b, not application
XIX to XXV related to railway
XXVI Investigation time 2 hours. Investigation started at 10 AM on 7-6-1993. Investigation ended at 12 Noon on 7-6-1993.
Sd. Not legible
Sub-Divisional Police Officer
Penukonda 1/C Kadiri, Camp Puttaparthy.
Received through HC 64 of Penukonda at 1 PM
JFCM PKD 19-06-1993
Sealed:- District Munisif's Court, Penukonda, Received on the Dt. 19-6-1993 2/1)
R. P. O. Head Clerk.
IN THE COURT OF THE JUDICIAL 1ST CLASS
Cr. No. 25/93 of Puttaparthy P.S.
Regarding the body of a male aged about 35 years, Named: N. Radhakrishna, S/o (not lizable) Requisition received at:1-00 p.m. on 7-6-1993 from the sub-Divisional Police Officer, Penukonda I/c Kadiri with his letter No. Cr. No. 25/93 dated: 7-6-1993 Body in charge of Police Constable AR. H.C. 892, A.R. PCs 1870, 528 Named:..............................
Identification and caste marks:
1) A wound scar over left elbow
2) A white scar below the throat.
The body was first seen, by the under signed at 1-15 p.m. on 7-6-93. Its condition was Rigor Mortis present all over the body. Post-mortem commenced at: 1-15 p.m. on 7-6-93 Appearances found at the Post-mortem A well nourish male aged 35years with the following injuries.1) A cutured injury which is lacerated in nature about 18 x 4 cms, over the left side of neck, musule deep extensively left ear to the sternum. Underneath musules are exposed and other soft injury were present 2) Stab injury over left 8th miter castel area on the chest wall deep. 3) There are two skin deep stabs on the right side injury No. 2. 4) On the left side of injury No. 2 there is five stab injuries skin deep. 5) there is (not ligable) injury below the injury No. 4 it is skin deep (6) Stab injury on the right chest on 3rd inter costal space chest deep it has cut the inter cerstal musule on entered in chest clavas and much about right lung it was 4 x 2 cms with an exterior aspect 7) Lacurated injury on the centre of apigratics 5 x 3 cms an abaration near chest deep it has entered into horizontal clavity and much about on right side on the liver. 8) Lacurated injury 14 x5 cms over medial aspect of right splem. 9) Lacurated injury 5 x 2 cm on the lataral aspect of (10) Lacurated injury over the faces of right thigh it is musule deep. 11) Two small lacurated injurys is on right chest. 12) Lacurated injury over left thigh much on the 5 cm in length. 13) Lenear Lacurated over left hand on the face of four fingers skin deep. (14) one lacurated injury over left little finger and ring finger in its little skin deep. 15) Lacurated injury on right thigh 10 x 3 cm musule deep. 16) Lenear latural toe injury 6 x 2 cm skin deep. All the injuries were pale. Heart expty. Stomach contained undigested rice particles. Bladder empty. Abdomen contain blood stain fluid. Opinion: The deceased would appear to died to shock and hammarahage on a result of multiple injuries. Time: l2 to 24 hours prior to P.M. examination. Penukonda. Sd. Dr. C. P. Venkatanarayan
Seen. Id/- M. V. R. N.
JFCM., Pkd., 9-6-93.
Sealed: District Munsif's Court: Penukonda.
Received on the date: 9-6-93
Head Clerk//True Copy//
Typed by : P.R.R.K.
Compared by :
No.of words : 502
No. of Corrns : NIL Sd. K. Brahmaiah, Examiner
Cr. No. 25/93 of Puttaparthy P.S.
No 34/93Regarding the body of a male aged about 25 years, Named: Sai Kumar Mahajan, S/o. Mahajan, Requisition received at 1-00 p.m. on 7-6-93 from the Sub-Divisional Police Officer, Penukonda I/c Kadiri with his letter No. Cr. No. 25/93 dated: 7-6-93 Body in charge of Police Constable A.R.H.C. No. 892 AR PCs. 1870, 528 Named:.....................................
Identification and caste marks:
1) A wound scar below left knee cap.
2) Big block mole below right nose.
The body was first seen, by the under signed at 3-15 p.m. on 7-6-93 its condition then was Riger Mortis present all over the body, Pos-mortem commenced at: 3-15 p.m. on 7-6-93. Appearances found at the Post-mortem: A moderated nouresh male aged 25 years with the following injuries 1) Stab injury 3 x 2 cm over the left side of the chest on the 3rd intercantus space edges are swamp invented. It enters inter cattle musules on ribs and outer in to chest cavity thus it severed left lung. 2) A Stab 1 x 1 cm. near the injury No. 1 skin deep and situated on the right side. 3) A Stab injury left side of Abdomen below the ribs Abdomen cut deep 3 x 2 cms. 4) On right side of Abdomen stab injury 3 x 2 cms enter plutonial consiled lacurated the liver. 5) Multiple (not lizable) on the back. Lungs and Gluter. 6) Laceration 4 x 3 cms left thigh on later aspect and musule deep.
All the injuries were plae, Chest contained cumer blood stained fluid. Abdomen contains Blood stain fluid Stomach contains undigested Rice particles. Brain pale blooder was empty. Heart was empty.
Opinion: The deceased would appear to have died of shock due to Multiple injuries. Time 12-24 prior to P.M. Examination.
Sd. Dr. C. P. Venkatanarayan,
Seen. Id/- M.V.R.N.
JFCM Pkd., 9-6-93
Sealed: District Munsif's Court: Penukonda
Received on the date: 9-6--93
Typed by : P.R.R.K.
Compared by :
No. of words : 319
No. of Corrns : NIL
Sd. K. Brahmaiah, Examiner
IN THE COURT OF THE JUDICIAL FIRST CLASS
Cr. No.25/93 ofPuttaparthi P.S.,
POST-MORTEM CERTIFICATENo. 35/93 Regarding the body of male aged about: 28 years, Named: E. K. Suresh Kumar, Requisition received at: 1-00 a.m./p.m. on 7-6-93 from the Mandal Executive Magistrate of Puttaparthi with his letter No. 25/93 dated: 7-6-1993. Body in charge of Police Constable No.: H.C. 118, Named: Rama Murthy & Party Identification and caste marks: 1) A.B.M. on Rt. Knee. 2) The body was first seen, by the undersigned at:1-15 p.m. on: 7-6-93. Its condition then was not decomposed. Post-mortem commenced at:1-15 p.m. on: 7-6-93 Appearances found at the Post-mortem: A Hindu Male, well built and well nourished. Rigor Mortis present all over the body. Injuries: 1) An oval shaped inury on the Medial aspect of the Lt. Eye entered into the Lt. Orbital cavity. Eye ball absent on Lt. Side. Both upper and Lower Eye lashes are singeing. Abrasion collar present on the Medial aspect of the Lt.Orbit. The edges are abraded and inverted. The injury entered into the cranial cavity by breaking the underneath muscles and Bones. It is the wound of entry, measuring 3 cms x 2 cms. (2) A Larger and Irregular wound measuring 6 cms x 4 cms on the Lt. Parito-occipetal region. Shape is irregular. Edges not abraded and edges are everted. Singeing absent. Underneath Bones are broken into pieces and projecting towards the skin. It is the wound of Exit. Brain Lacerated on the Lt. side, It is the exit of wound No. 1.3) Oval Shaped Injury on the Lateral aspect of Rt. thigh, passing backwards and downwards. Abrasion collar present. Edges inverted. Hairs singeing. It is the wound of entry, measuring 3 cms x 2 cms. (4) Larger and irregular wound measuring 5 cms x 3 cms Edges everted and not abraded. The Injury is communicated with the Injury No. 3 It is the wound of Exit. 5) Oval shaped Injury on the Lateral side of the Lt. Wrist, Passing towards Medial aspect of the Lt. Wrist. Abrasion collar present. Edges inverted. Hairs singeing measuring 3 cms x 2 cms. 6) Larger and Irregular wound on the Medial aspect of the Lt. Wrist 5 cms x 3 cms. Edges everted. Underneath Bones are broken. Irregular Tear of the Muscles present. It is the wound of Exit and is communicated with wound No.5. Hyoid Bone normal, Lungs normal, pale, Heart normal, pale and empty. Stomach normal, pale and digested food of Rice. All other organs are normal and pale. Opinion: Died of shock and hemorrhage due to Firearm Injuries about 12 to 36 hrs prior to Autopsy. Alll the Injuries are Ante-mortem. Penukonda. Dt. 7-6-93.
Sd. Dr. C.V. Prasad,
Seen: Id. M.V. R. N. JFCM, Pkd., 9-6-93.
Sealed: District Munsif's Court : Penukonda. Received on the Dt. 9-6-93.
9-6-93.// True Copy // Typed by : P.R.R.K.
No. of words: 496
Sd. K. Brahmaiah,
IN THE COURT OF THE JUDICIAL MAGISTRATE OF 1ST
Crime No.25/93 of Puttaparthy P.S.,
Regarding the body of the male aged about 40 years, Named Suresh SantharamPrabhu. Requisition received at 1-00 p.m. on 7-6-93 from the M.E.M. of Puttaparthy with his letter No. 25/93 dated 7.6.1993. Body in charge of Police Constable No. 118 Named Rama Murthy.
Identification and caste marks:
1) A Block mole on the Left Chest.
2) A Block Mole on Left thigh.
The body was first seen, by the under signed at 3.30 p.m. on 7.6.1993.
Its condition then was not decomposed.
Post-mortem commenced at 3.30 p.m. on 7.6.93. Appearances found at the post-mortem. A Hindu male of well built and well nourished. Rigor Mortis present all over the Body. Injuries: (1) An oval shaped injury on the Right chest back in the Scapular Area 3 cms x 2 Cms. Edges invented and abraded. Singeing present. The injury entered into the chest cavity by breaking Right scapula and 2nd, 3rd and 4th ribs. Posteriorily the Injury passed into the upper lobe of Right Lung on the posterior as pech. 1 cm x 1 cm. Oval in shape. Lung Lacerated Right thracie cavity contained 5 ounces of Blood. Left Lung normal and pale. Heart normal and pale. Stomach normal pale and empty. All other organs are normal and pale. The above Injury is Firearm Injury of wound of entry.
Opinion: Died of shock and hemorrhage due to Firearm Injury about 12 to 36 hours Prior to Autopsy, the injury is Ante-mortem. Bullet from the Right Lung removed and preserved.
Sd. G.V. Prasad.
(Dr. G.V. PRASAD) C.A.S.Seen: Id. M.VR.N.,
Sealed: District Munsif's Court, Penukonda.
Received on 9.6.93, Id. RP.L. Head Clerk.
// True Type //
Typed by : P.V.R.
No. of words : 295
No. of corrns : -1-
Compared by : Sd. K. Brahmaiah, Examiner.
IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, PENUKONDA
Cr. No. 25/93 of Puttaparthi P.S.,
Regarding the body of a male aged about 25years. Named: K. Sai Ram, Requisition received at:1 p.m. on 7-6-93 from the S.H.O. of Mandal Executive Magistrate Puttaparthi with his letter No. 25193 dated: 7-6-1993 Body in charge of Police Constable No. 118 Name........................................
Identification and caste marks:
I) A.B.M. left side Neck.
2)The body was first seen, by the under signed at l-15 p.m. on 7-6-93. Its condition then was not decomposed. Post-mortem commenced at:1-15 p.m. on 7-6-93. Appearances found at the Post-Mortem: An Hindu Male, Moderately built and nourished. Rigor Mortis present in all four limbs, An oval shaped 3 cm x 2 cm left side of the Neck, Abraded color present, skin is inverted. Singing present. The Injury is entoenee of the fire arm towards the right side of the neck (2) Lacerated wound, Irregular 3 ½ cm x ½ cm Edges are everted communicated from the Ist Injury. Thyroid cartiloge and Hyrid bone and cortiloge broken. This is Exit of the fire arm Injury. Internal Features: Heart and lungs congested and normal. Stomach contain rice and normal and congested. All other organs are normal and congested. Neck vessels (not lizable).
Opinion: Diedof shock and hemorrhage due to Fire arm Injury about 12-36 hours prior to autopsy The Injury is Anti-mortem only.
8-6-93.Sd. Dr. G. Sumathi, W.A.S.
Seen: Id. M.V.R.N.J.F.C.M., Pkd., 11-6-93.
R.C. No. 423
Sealed: District Munsif's Court : Penukonda.
Received on the Dt. 11-6-93.
Id. R.P.O., Head Clerk.
// True Copy //
Typed by : P.R.R.K.
Compared by :
No. of words : 248
No. of corrns : NIL
IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, PENUKONDA
Cr. No. 25/93 of Puttaparthi P.S.,
No. 38/93.Regarding the body of a Male aged about 28 years. Named: Jagannatham Requisition received at 1.00 p.m. on 7-6-93 from the Mandal. Executive of Magistrate, Puttaparthy P.S. with his letter No.25/93 dated 7.6.93. Body in charge of Police Constable No. 118 named Rama Murthy and Party.
Identification and Caste marks:
1) A Block mole Right Elbow joint.
The body was first seen, by under signed at 3.30 p.m. on 7.6.93.
Its condition then was Not decomposed.
Post-mortem commenced at 3.30 p.m. on 7.6.93.
Appearances found at the post-mortem an Hindu Male Moderately Built and nourished, Rigor Mortis present in all four limbs.
Injuries: An oval shaped Injury on left side of the Axilla 2 cm x 2 cm. Abraded colum present skin is inverted, singeing present. It is entered into the chest cavity by braking the under with ribs and costileges. This is entrance of the Firearm Injury. 2) Lacetated wound on the left side of the chest, Sub-stemnal area 4 cm x 3 cm., irregular, edges are everted underneath ribs are Fractured, at is continuous from the 1st Injury. This is exit of the Firearm Injury No.1). 3) Oval shaped Right side of the 2nd suter costal area, Abraded colum present Edges are inverted, singing present entered into the Thoracie cavity. 4) Lacerated Right sufeo mammary area, edges one everted 4 cm. X 4 cm Irregular underneath ribs are Fractured, it is continuous from the 3rd Injury also called Firearm Exit. 5) Oval shaped Injury palmar aspect of the right hand 3 cm x 3 cm. edges are inverted, Abraded colum present it is entered by braking the tonds, muscles and Bones of the laterial aspect of the Right hand and exits on dorseme of the hand (Right).
Internal Examination: Fracture of the less sided 7th and 8th ribs and Right side 2nd and 3rd Ribs and 8th, 9th and 10th Ribs Fractured left lung Laceration present. Right lung upper lobe laceration present. Liver is Lacerated. Thoracie couits contains Blood. Stomach contains rice Normal and congested. All other organs are Normal and congested. Hyoid Bone normal. The above fire Injuries are firearm Injuries.
Opinion: Died of shock: and hemorrhage due to Fire arm Injuries, about 12 to 36 hours, prior to autopsy. The Injuries are Anti-mortem only.
Sd. Y Sumathi,
(Dr Y. SUMATHI), W.A.S.
Seen: Id. M.V.R.N.
Sealed: District Munsif's Court, Penukonda.
Received on 11.6.93. Id/- R.P.L. Head Clerk.
// True Copy //
Typed by : P.V.R.
Compared by :
No. of words : 427
No. of corrns : -2-
Sd K. Brahmaiah,
IN THE COURT OF THE SESSIONS JUDGE, ANANTAPUR
Present: Sri Ch. S.R.K. Prasad, B.Sc., B.L., Sessions Judge
Mondaythe 26th day of July, 1993
4th Sravan, 1915 S.E.
State by the Deputy Superintendent ofPolice, C.I.D. Tirupathi represented by the Public Prosecutor .........................Revision Petioner And
1. Vijays Shantharam Prabhu.This Revision coming on this day for final disposal before me in the presence of Sri A.G. Neelakantha Reddy, Public Prosecutor for the Revision Petitioner and of Sri K. Ravindrakumar, G. Venkata Rao Chowday, G. Jyothi Psasad and Sri P. Prabhkara Rao, Advocates, for the Respondents, the Court made the following:
2. Boyapati Ravindra Babau & Ravi .................................Respondents
I. This Revision Petition is filed under Section 397 Cr. P.C. against the Order of the Judicial Magistrate of 1st Class, Penukonda passed in Cr1. M.P. 613/93 in Cr25/93 relating to Puttaparthi P.S., dated 15-7-1993 refusing to grant police custody of the 2 accused namely Vijayashantharam Prabhu and Boyapati Ravjndrabadu @ Ravi and directing the Investigating Officer to interrogate them in the Sub-Jail premises after taking permission.
2. The facts that arise for consideration canbe briefly stated as follows: On the strength of the complaint given by the Inspector of Police, a case in Cr. No. 25/93 of Puttaparthy has been registered under Section 324, 326, 307, 332 and 302 r/w 34 I.P.C. and Sections 3 and 5 of Explosive Substances Act relating to the alleged murders, firing by the police and the attempt to commit murder of Sathya Sai Baba in Baba's Mandir at Prasanthinilayam, Puttaparthy. During the course of investigation both the Respondents were arrested on 3-7-1993 at 16-30 hours at Civil Lines, ... (illegible) ... Ashwani Chowk, Nagpur City Maharashtra State. They were produced before the Chief Judicial Magistrate at Nagpur City and they were granted four days journey period to produce the ... (illegible) ... accused before the Judl. Magistrate of 1st Class, Penukonda, the Inspector of Police, C.B.C.I.D. who took over investigation has sought for the remand of the accused to the police custody on the ground that there was a criminal conspiracy and that has to be investigated. There upon the learned Magistrate having found that they were already interrogated and refused to grant remand to police custody. However, they were directed to approach the court for seeking permission to interrogate them at Penukonda Sub-ail. Aggrieved by the said Order dated 15-7-1993, the Public Prosecutor has preferred this Revision.
3. The Respondents have appeared through their counsels and opposed thesame and supported the order of the Judicial Magistrate of 1st Class, Penukonda passed in Cr1. M.P. 613/93 dt. 15-7-93.
4. The point for consideration is whether the order passed in Cr1. M.P. 613/93 by the J.M.F.C. Penukonda dated 15-7-1993 is a valid order?
5. Point: This court is not going into the other aspcts of the matters except the correctness of his order. It is firstly contendedby the counsel appearing for the respondents that the Revision is not maintainable where as the learned Prosecutor has contended that the Revision is maintainable since the rights of the investigating agency is affected. Section 397 Cr. P.C. reads as follows: 397. Calling for records to exercise powers of revision:
1) The High court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situated within its or his local jurisdiction for the purpose of satisfying itself or is inseIf as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, any may, then calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. 2) The powers or sanction conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceedings. 3) If an application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the sarne person shall be entertained by the other of them. It is clear from Section 397 (2) Cr. P.C. powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry; trial or other proceedings. Obviously; this is an interlocutory order passed by the Lower Court. Whenever, an interlocutory order is passed by the lower court, a revision lies only when the right of the party is afffected. This is a case where the Investigating Agency has got a right to seekfor remand to police custody. Their right has been recognised under Section 167 Cr. P.C. 6. It is stated in 1982 Cr1. L.J. 1103 State (Delhi Administration (Vs. Dharmapal and others as follows:
"Under Section 167(2) Cr. P.C. the Magistrate has power to alter the nature of the custody and vice versa during the first period of 15 days mentioned in Section 167 (2) Cr. P.C."It is also stated in 1991 Cr1. L.J. 820, B.S. Rawat, Asst. Collector of Customs Vs. Mohamed Azan Khan and others, which is as follows: "Section 167(2) Cr. P.C. enables the Magistrate to authorise detention in such custody as the Magigstrate thinks fit and also proviso (a) to Section 167(2) Cr. P.C. only prohibits the custody of police beyond the period of fifteen days."
It is clearly stated in l980(2) Crl. L.J.748, Batna Rarn Vs. State of Himachal Pradesh, as follows:
"The power of Magistrate to grant police custody for l5 days is unaffected by the poriod of detention in police custody under Section 57 Cr. P.C."
It is clearly stated in A.I.R. 1978 Supreme Court, 1025, Smt. Nadini Satpathy Vs. P.L. Dani and another as follows:
"The spirit of Act 22(1) is that it is fundamental to the rule of law that the services of a lawyer shall be available for consultation to any accused person under circumstances ... (illegible)... appointing him as Public Prosecutor and the principle laid down 1980 (2) A.P.L.J.H.C. ... (illegible) ... G. Ramakrishmna Reddy vs. State, do not arise in this case in view of the filing of the Revision by the Public Prosecutor and seeking permission by the Prosecutor to address the arguments on behalf of the regular Public Prosecutor."
7. It is also contended by the Public Prosecutor that Custody under Section 57 Cr. P.C. does not constitute custody within the meaning of Section 167 Cr. P.C. It is also stated by the Prosecutor that there was no investigation made in this case and the accused were not interrogated. Adverting to the same, the lower court has observed that Investigating Agency might have interrogated them during the custody. I have perused the Case diary. The Case diary does not bear any such thing. Obviously it is only suspecting. The Investigating officer has not gone to Nagpur as can be seen from the records. He was produced direcly into court. The stray questions put by some other officers and answers elicited orally and such-a-thing did not amount to interrogation by the Investigating Officer. The Superior, however high he may be cannot assume jurisdiction in a case where Investigation ceased by a particular officer. He is only competent to investigate, interrogate and record 161 Cr. P.C. statements. If the Superior wants to interrogate he must take over the investigation and then only investigate. Obviously, the Investigating officer has not gone to Nagpur and there is no ground to presume that he has interrogated. The interrogations if at all took place in his absence, does not constitute the investigation under the provisions of Cr. P.C.
8. Coming to the contention of the learned Prosecutor, that the custody under Section 57 Cr. P.C. should not constitute custody under Section 167 Cr. P.C. He has cited a Judgment in 1980 (2) Crl. L.J. at page 748. It is stated by the Himachal Pradesh High Court that the power of Magistrate to grant police custody for 15 days is unaffected by the period of detention in Police custody under Section 57 Cr. P.C. In view of the principles laid down in the said decision, I disagree with the contention of the counsel appearing for the respondents that the clause under Section 57 Cr. P.C. has to be taken as police custody under Section 167 Cr. P.C. for the purpose of interrogation.
9. The contention advanced by the learned counsel for the respondents that the important witness namely Baba is not examined and the Trustboard members are not examined and the property which was found in Vocational Centre which do not under the supervision of the accused, did not hold water at this stage. This court is now concerned purely about the correctness of the order passed by the lower court refusing to grant police custody.
10. There is much force in the contention of respondents counsel that there is no F.I.R. registered against the accused and there cannot be an automatically movement to police custody. This court has to see at this stage whether some material is available for grant of police custody. No doubt the fact of alleged conspiracy could not find place in the remand report. The F.I.R. has not been altered till now. Some Suit case and explosive substances and Potassium Cyanide are said to have been found. It is rightly contended by the Prosecutor that they need investigation. One has to remember that the remand was granted under Sections 324, 326, 307 and 302 r/w 34 I.P.C. and Explosive Substances Act.
11. My attention is also drawn by the Prosecutor to the following facts namely the accused are moving together and one of the accused stated that something will happen on 10th and there was recovery of Potassium Cyanide. No doubt, they are there.
12. It is also contended by the respondent's counsel that the revision for the police custody of the accused is not warranted since they have been in custody for more than four days and they have been interrogated at their places in view of the alleged statements said to have been made before the Magistrate in the lower court.
Reliance is placed on a decision reported in 1989 Crl. L.J. 501 State of Gujarath vs. Swami Amar Jyothi Shyam. It is clearly stated in this decision as follows:"It is true that when the need for remand to police custody is made out, the Court should grant such remand and should facilitate proper and complete investigation But, it cannot be said that an order of remand to police custody is to be granted as a matter of course. S.167 (3) makes it clear that the Magistrate has to record reasons for granting remand to police custody. It does not expressly provide that for refusing such custody reasons shall be recorded. This is an indication that though investigating agency is to investigate into cognizand offence without any interference from judiciary, it does not mean that whenever request for police remand is made, it is to be granted. The police has to make out a case that the custody of the accused with the police is necessary for further investigations". It is also stated in 1985 Crl. L.J. 1325, K.T. Advani Vs. The State, New Delhi that if the right to the presence of counsel be fundamental to the rule of law, it makes little difference if the investigation is one under the Code of Criminal Procedure or independently of it in view of provisions of Article 22 (1) of the Constitution.
It is also stated in A.I.R 1978 Supreme Court, 1025, Smt. Nandini Satpathy vs. P.L. Dani at para 53 as follows:
"Section 161 of the Criminal P.C. enables the Police to examine the accused during investigation. The prohibitive sweep of Art.20 (3) of the Constitution goes back to the stage of police interrogation not commencing in court only. Both the provisions substantially cover the same area, so far as police investigations are concerned. The ban on self-accusation and the right to silence, while one investigation or trial is under way, goes beyond that case and protects the accused in regard to other offences pending or imminent which may deter him from voluntary disclosure of criminatory matter. The phrase compelled testimony must be read as evidence procured not merely by physical threats or violence but by physical threats or violence but by psychic torture, atmospheric pressure, environmental overbearing and intimidatory methods and the like not legal penalty for violation. So the legal perils following upon refusal to answer or answer truthfully cannot be ... (illegible) ... prosecution may lead to legal tension in the exercise of Constitutional right, but then, a stance of silence is running a calculated risk. On the other hand, if there is any mode of pressure, subtle or crude, mental or physical, direct or indirect, but sufficiently substantial, applied by the policeman for obtaining information from an accused strongly suggestive of guilt, it becomes compelled testimony, violative of Art. 20 (3)." It is stated in para 54 as follows: "A police officer is clearly as person in authority. Insistence on answering is a form of pressure especially in the police station unless certain safeguards erasing duress are adhered to Frequent threats of prosecution if there is failure to answer may take on the complexion of undue pressure violating Art. 20 (3) Legal penalty may be itself not amount to duress but the manner of mentioning it to the victim of interrogation may introduce an element of tension and tone of command perilously hovering near compulsion". It is also stated in Paras 58 and 59 as follows:
"The spirit of Art.22 (1) is that it is fundamental to the rule of law that the services of a lawyer shall be available for consultation to any accused person under circumstances of near custiodial interrogation. Moreover, the observance of the right against self-incrimination is best prompted by conceding to the accused the right to consult a legal practitioner of his choice. Lawyer's presence is a constitutional claim in some circunstances in our country also, and, in the context of Art. 20 (3) is an assurance of awareness and observance of the right to silence, Article 20 (3) and Art. 22 (l) may, in a way, be telescoped, by making it prudent for the Police to permit the Advocate of the accused, if there be one to be present at the time he is examined. Over-reaching Art. 20 (3) and S. 161 (2) will be obviated by this requirement. If an accused person expresses the wish to have his lawyer by his side when his examination goes on, this facility shall not be denied, without being exposed to the serious reproof that involuntary self-crimination secured in secrecy and by coercing the will, was the project."
13. Aclose scrutiny of the saiddecisions clearly show that the respondents are entitled to consult his advocates during interrogation. It is also further observed by that the Lawer's presence is a constitutional claim in some circumstances and the context of Art. 20 (3) is an assurance of abuses and observance of the right to silence it is also observed that Article 20 (3) and Art. 22 (1) may in a way be telescoped by ... (illegible) ... for the police to permit the advocate of the accused when he expresses the wish to have his lawyer by bis side which his examination goes on, this facility shall not be denied, without being exposed to the serious reproof that involuntary self-crimination secured in secrecy and by coercing the will, was the project. 14. Keeping in view of the said principles I now proceed to deal with the facts. Obviously the F.I.R. does not make a mention of criminal conspiracy. It is said to be brought to light during investigation after examination of some witnesses. Properties recovered and suspected to be belonging to the first respondent. His interrogation absolutely necessary to get at the truth and the Investigating Officer has got every right to have police custody for the purpose of investigation. I also find that sufficient safe guards have to be, imposed in this case in the light of firing four accused who were said to be locked in a room. 15. In so far as second respondent is concerned, no material has been seized. Exfacie there is no material to seek police remand at this stage. The record shows that he was not present at that time in the premises itself. If these are taken into consideration seeking police custody to the 2nd respondent appears to be without any basis. However; he can be interrogated in the sub-jail premises after due permission. In so far as 2nd respondent is concerned the order of the Judicial Magistrate, Penukonda appears to be correct. Since there is no basis for taking 2nd respondent into police custody to enquire as the F.I.R. is not altered till now and the conspiracy is not mentioned even at the time of arrest and production before the Nagpur Court.
16.In so far as the first respondent is concerned, the Investigation Officer is entitled to have police custody for the found etc. As I have already stated that some safe-guard have to be imposed in this case, taking into cosideration of police firing at four accused and killing them. Hence, the order in respect of first respondent is liable to be set aside. In so far as the order of the lower court relating to the 2nd respondent is liable confirmed. The Revision is partly allowed setting aside the order refusing police custody in respect of first respondent. The police are granted custody of 1st respondent for a period of 10 days subject to the following conditions.
1) The1st respondent shall not be moved out from Anantapur.
2) The1st respondent shall be interrogated in the premises of Superintendent of Police, Anantapur.
3) If the1st respondent desires to have the presence of the counsel it shall be complied with.
4) If lawyers were to be permitted they shall not interfere in putting questions to the1st respondent.
5) No third degree methods shall be adopted for interrogation.
6) The Magistrate shall certify the physical condition of the first respondent prior to handing over him to the police custody and shall also certify the physical condition after reproducing from police custody to Judicial custody.
7) The mode and method of interrogation is left to the Investigating Officer.
In so far as the 2nd respondent is concerned, the Revision is dismnissed. Revision is ordered accordingly.
Dictated to the short hand writer transcribed by him and corrected and pronounced by me in open court onthis the 26th day of July, 1993.
Sd SESSIONS JUDGE
IN THE HIGH COURT OF JUDICATURE:
Friday, The Twentieth Day of August,
One Thousand Nine Hundred and Ninety Three.
THE HON'BLE MR. JUSTICE: RADHAKRISHNA RAO.
CRIMINAL PETITION NO.1801/93
Between:The Public Prosecutor, High Court of A.P.,
1.Vijaya Shantharam Prabhu.
2. Boyapati Ravindra Babu@ Ravi. .....................Respondents (Accused)
Petition under Sec.482 of Lr. P.L. praying that in the circumstances stated in the petitioner the High Court will be pleased to quash the proceedings in Cr1. R.P. No. 26/93 on the file of the Sessions Judge, Anantapur, allowing partly against the respondent No.1 and issue interim directions modifying the conditions 1 and 2 imposed in the order dt. 26-7-93.
The petition coming on for hearing, upon perusing the petition and upon hearing the arguments of the public prosecutor on behalf of the petitioner, and of Mr. K. Ravindrakumar, Advocate for the respondents.
The Court made the following ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, to quash the proceedings in Cr1. R.P. No. 26/1993 on the file of Sessions Judge, Ananthapur.
Initially, the Deputy Superintendent of PoliceC.I.D., Tirupati filed Cr1. M.P. No. 613 of 1993 before the Judicial 1st Class Magistrate's court, Penukonda, praying to grant police custody of the accused, who are the respondents in this Criminal Petition, for interrogation in connection with their investigation in Crime No. 25/1993 under Sections 324, 326, 307, 332 and 302 read with 34 of the I.P.C., and Sections 3 and 5 of the Explosives Substances Act, of Puttaparthy Police Station, and the same was dismissed by the learned Magistrate. Aggrieved by the same, a revision was preferred by the police in Criminal Revision Petition No. 26/1993 before the Sessions Judge, Ananthapur. The Sessions Judge, after hearing both the paries, allowed the revision partly and granted custody of the first respondent only for a period of 10 days and the request of the police with regard to the second respondent is rejected by the Sessions Judge. Hence, thiss Criminal Petition is filed by the State.
In connection with the murdersin Sri Satya SaiBaba's Mandir at Prashanthi Nilayam, Puttaparthy, the police arrested the respondents herein, and produced them before the learned Magistrate at Penukonda for judicial custody The learned Magistrate remanded them to judicial custody. Subsequently the police filed petition before the Magistrate requesting to grant them custody of the accused for interrogation, which was dismissed. On revision, the Sessions Judge gave the custody of the first respondent only. It is contended by the learned Public Prosecutor that when the prosecution alleges that the accused have conspired together for committing the offence of murder, and when the police have seized some incriminating material, which was alleged to have been used for the commission of the offence, from the person of one of the accuseded i.e., A-1, it is pecessary for the investigating agency to interrogate the other accused i.e., A-2 in this case, also with regard to the commission of offence. He, therefore, contended that the Learned Sessions Judge ought to have given the custody of second respondent also. I see sufficient force in the contention of the Public Prosecutor, and this Court feels that the second respondent ought also have been given police custody.
But thelearned counsel for the respondents contended that in view of the background of the case, the accused apprehend danger to their lives in the hands of the accused and therefore prayed that they may be given protection from the hands of the police. The learned counsel further contended that this Court cannot grant such relief under the provisions of Section 482 of the Code of Criminal Procedure. But this court is of the view that the High Court has got every power to pass such an order under Section 482 Cr. P.C. when it feels that the said order is necessary in order to secure the ends of justice, and without prejudice to the rights ofthe investigating agency while interrogating the accused. In view of the apprehension of the accused, this Court, while modifyiing the order of the learned Sessions Judge, passes the following order:
1) That the first and second respondents be handed over to the police for the purpose of interrogation for a period of one week only.
2) That the first and second respondents are also permitted to be accompanied by an Advocate of their choice along with them to the place of interrogation, and the expenses incurred by the Advocate in that connection shall be borne by the investigatingagency.
3) That if the acccused want one more advocate to be accompanied along with them at the time of interrogation, the police shall permit such advocate, and the expenses incurred therefore shall be born by the Advocate himself.
4) That the police shallnot resort to any third-degree methods. Even in spite of this order, if the police tries to apply third-degree methods, the accused may immediately complain about the same to the advocates accompanying them, who may, in turn, record their statements and submit the same to the Magistrate concerned.
5) Before giving the accused to the custody of the police, the Magistrate shall get the accused examined by a Government Doctor as to their physical condition and shall obtain a satisfactory Certificate from the Doctor about their physical fitness, which must be counter-signed by the Magistrate also.
6) Soon after the accused are handed over by the police, after interrogation, to the judicial custody, the Magistrate shall again get the accused examined through a Government Doctor as to their physical condition and shall get a Certificate from him to that effect, which must also be counter-signed by the Magistrate.
7) At the time of interrogation, the investigating agency must ensure that the windows of the room wherein the accused are likely to be interrogated, are kept open, and the advocates accompanying the accused shall be permitted to sit near the windows, which would be kept open.
8) The mode and method of interrogation is left open to the investigating agency, subject to the conditions mentioned in this order.
9) After their return to the judicial custody, the accused may also give statementbefore the Magistrate concerned, if they want to do so, and 10)The investigating agency must also intimate the entire schedule of their investigation to the accused well in advance, so that they may make arrangement for the presence of their advocates on the dates of interrogation.
With the above directions, the criminal petition is disposed of.
Sd. S.V. Seshamma,Asst. Registrar
Sd. for Asst. Registrar
// True Copy //
1. The Sessions Judge, Anantapur.
2. The Judi. First Class Magistrate, Penukonda, Anantapur Dist.
3. The S.H.O. Puttaparthi police station, Puttapathi, Anantapur Dist.
4. Two CCs to the public prosecutor, High Court of A.P. Hyd. (O.U.T.)
5. One CD copy.
6. The Dy. Suptd. of Police, C.l.D., Timpathi, Chittoor Dist.
7. One cc to Mr. P. Prabhakar Rao, Advocate (O.P.U.C.).
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH
Thursday the Twenty Seventh Day of January One Thousand Nine Hundred and Ninety Four
Present: The Hon'ble Mr. Justice D.J. Jagannadha Raju
Criminal Petition No. 83 of 1994.
L.N. Gangadhara Reddy, ................Petitioner (Accused in Crime No.25193 on the file of the Puttaparthy Police Station)
State of A.P., reptd. By Public Prosecutor ..........Respondent - Complainant
Petition U/s. 438 of Cr. P.C. praying that in the circumstances stated therein and in the memo of grounds filed therewith the High Court will be pleased to direct the Station House Officer, Puttaparthy Police Station to release the petitioner on bail in the event of his arrest in connection with the Crime No. 25/93 of Puttaparthy Police Station.
This petition coming on for orders, upon perusing the petition and upon hearing the arguments of Mr. C. Praveen Kumar, Advocate for the Petitioner and of the Public Prosecutor on behalf of the state.
The Court made the following order:Heard the arguments of the petitioner's advocate. Perused the order passed by the learned Addl. Sessions Judge, Hindupur in Crime No. 231 of 1994 dated 5th Januay 1994. The petitioner before the court is the Circle Inspector of Police, Puttaparthy who played a prominent part in the incident that took place in Prasanthinilayam, Puttaparthy on 6-6-1993 night. In fact, on his report, the station House Officer registered the F.I.R. It is clear from the record that in the month of December after the C.B.C.I.D., took up investigation, the Sub-Inspector, Head-Constables and armed constables, who opened fire, were arrested. The petitioner Circle Inspector was transferred to Tirumala on 23-9-1993. Subsequently from 4-10-1993, the petitioner-Circle Inspector applied for medical leave. It is cormnon knowledge that when a Government official applies for medical leave, he has necessarily to provide the leave address. To suddenly claim in December 1993 that the petitioner is absconding is an allegation which is too much to be believed. It should also be remembered that the petitioner belongs to a uninformed disciplinary force and to say that an Gazetted officer of the uniformed disciplinary force is absconding is too much to be believed. Going through the petition filed by the petitioner for anticipatory bail and the order of the Additional Sessions Judge, there appears to be some basis for the petitioner's apprehension that the effort to arrest him and to implicate him as an accused is a motivated one. It is not necessary for this court to go into that question. This court has only to see whether the petitioner would be a law-abiding citizen who would appear as and when the police require his presence and cooperate with the investigating agency for the investigation of the case.
Considering the fact that he is a police officer of the Gazetted cadre and considering the fact that prior to 30th December, there was no allegation against him, I feel that this is a fit case in which anticipatory bail should be granted to the petitioner. Conditions can be imposed so as to facilitate proper and prompt investigation of the case.
In the result, the petition is allowed. The petitioner is granted anticipatory bail. He is directed to surrender himself before Deputy Superintendent, C.B.C.I.D. Cuddapah on or before 4th February, 1994. On his surrender, the petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two sureties for like sum each. He should also give an undertaking to the Deputy Superintendent, C.B.C.I.D. to be present at the Puttaparthi police Station or at the office of the Deputy Superintendent, C.B.C.I.D., Cuddapah as and when his presence is required for the purpose of Investigation He should report to the superintendent's office at Arantapur on everyMonday between 10 a.m. and 12 Noon. He should always furnish to the superintendent of Police on every Monday when he goes to the office the address at which he can be found during the course of the succeeding week.
Sd. S. Subbalakshmi,
// True Copy//
Sd. for Asst. Registrar.
1. The Station House Officer, Puttaparthi, AnantapurDist.;
2. The Deputy Superintendent, C.B.C.I.D., CuddapahDist.
3. The Circle Inspector of Police, Puttaparthi Police Station, Anantapur Dist.
4. The Superintendent of police, Anantapur Dist.
5. The Addl. Sessions Judge, Hindupur, Anantapur Dist.
6. The Deputy Superintendent of Police C.B.C.I.D. Hyderabad.
7. 2 CCs to the Public Prosecutor, High Court, Hyd. (O.U.T.)
8. One CC to Mr. C. Praveen Kumar, Advocate (O.U.T.)
9. One spare copy.