Custodial death: HC breather for two former cops

The accused detained Rajendran of Kadakulam on the charge of robbery after a complaint filed by a private hospital in Kollam.
Representational Image
Representational Image

KOCHI: The Kerala High court on Tuesday altered the sentence awarded to two former police officers, who were the accused in the custodial death at the Kollam East police station in April 2005, from life imprisonment to five years rigorous imprisonment.

The court issued the order on the appeal filed by Jayakumar, Thrikkadavoor, and Venugopal, Eravipuram, the then circle inspector and then sub-inspector, respectively, in the Kollam East crime squad in 2005. The accused detained Rajendran of Kadakulam on the charge of robbery after a complaint filed by a private hospital in Kollam.

Rajendran was earlier detained by the hospital staff and handed over to the police. He was taken to the museum building in the police station complex for interrogation. The prosecution charge was that Rajendran was subjected to third-degree torture there, as a result of which he suffered internal injuries. The police rushed him to the District Hospital where he was declared brought dead.

It observed that there are valid grounds to alter the conviction of the appellants from Section 302 (murder) and 348 read with 34 (wrongful confinement to extort confession) to Section 304 (II) (culpable homicide amounting to murder). The court held that there was no evidence to show that the accused persons tortured the deceased with an intention to cause death. It was not a clear case of premeditated torture. The accused had no previous enmity towards the deceased. Hence, it was clear that the deceased was tortured by officers with an intention to extract a confession in connection with a theft case. The absence of external injuries on the body is an indication to infer that accused did not intend to cause bodily injury to the deceased with an intention to cause death, held the court.

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