Conviction of police constable in case of police firing after intervention of PVCHR

National Human Rights Commission, New Delhi, India


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Case Details of File Number: 14958/24/98-99

Diary Number 18263
Name of the Complainant SH VIKAS MAHARAJ, VICE PRESIDENT.
Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA-4/2-A, DAULATPUR,VARANASI-221002,U.P.
UTTAR PRADESH , UTTAR PRADESH
Name of the Victim CHABOO LAL & HIRAWAT
Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA-4/2-A, DAULATPUR,VARANASI-221002,U.P.
UTTAR PRADESH , UTTAR PRADESH
Place of Incident JAUNPUR
JAUNPUR , UTTAR PRADESH
Date of Incident 11/27/1998
Direction issued by the Commission Prof. Vikas Maharaj, Co-Chair, People's Vigilance Committee on Human Rights has drawn the attention of the Commission towards a newspaper report published in "Rashtriya Sahara" Lucknow Edition dated 18.11.1998. The newspaper report indicated that Shri Chhabu Lal and his daughter, Hiravati Devi were killed in police firing. The complainant apprehended that the victims being helpless and poor, may succumb to the pressure of the police and, therefore, an independent inquiry may be conducted. Upon receipt of the complaint, the Commission issued notice to SSP, Jaunpur, U.P. for sending response in six weeks. SSP, Jaunpur failed to send the report despite repeated reminders dated 5.3.1999, 16.4.1999, 4.6.1999 and 22.7.2003. In view of the non responsive attitude of SP, Bareilly, Commission vide proceedings dated 2.6.2005 directed Registrar(Law) to write a D.O. letter to the DGP, U.P. enclosing therewith a copy of the complaint, last proceedings of the Commission and the reminders so issued to ensure that the requisite report be sent to the Commission within four weeks, failing which, the Commission shall be constrained to invoke provisions of Section 13 of the Protection of Human Rights Act, 1993. Pursuant to this direction, SP, Jaunpur responded vide communication dated 22.9.2005 and informed the Commission that in respect of incident in question, three separate cases bearing FIR No. 453A/98 and 453B/98 were registered. FIR No. 453/98 u/s 147/148/149/323/504/506/307/336/332 IPC was lodged against deceased Chhabu Lal, Jai Hind, Hiravati and others. This FIR was lodged on the complaint of Shri Chhotey Lal. After investigation, the chargesheet was filed and the Court of Addl. Sessions Judge, Jaunpur acquitted all the accused persons vide order/judgment dated 6.12.2004. FIR No. 453A/98 u/s 302 IPC was lodged against two unnamed police officials. This case was investigated by CBCID. During investigation, the offences u/s 3(2) & (5) SC/ST (Atrocities Act, 1989) were added. After investigation, the chargesheet was filed on 21.7.2001 against Constable Piyush Kant Rai and Constable Daya Shankar Sonker. The Court of Addl. Sessions Judge vide order/judgment dated 6.12.2004 acquitted Constable Daya Shankar Sonker. However, the Court found Constable Piyush Kant Rai guilty and sentenced him to life imprisonment and a fine of Rs. 10,000/-. Constable Piyush Kant Rai is going under life imprisonment. FIR No. 453A/98 u/s was lodged against Jai Hind, deceased Chhabu and others. In this case also, the Court of Addl. Sessions Judge vide order/judgment dated 6.12.2004 acquitted all the accused persons. The perusal of the report also indicates that the cognizance of this matter was also taken by U.P. SC/ST Commission. The Commission has gone through the record. The perusal of report dated 22.9.2005 clearly indicates that the charge sheet was duly filed against the accused person and constable Piyush Kant Rai is undergoing life imprisonment in the present case. In the circumstances, no further intervention on the part of the Commission is called for. Hence the report is taken on record and the case is closed.
Action Taken Concluded and No Further Action Required (Dated 3/7/2006 )
Status on 5/4/2008 The Case is Closed.