AIR 2018 SUPREME COURT 4067 ::AIR 2019 SC (Criminal) 52 ::2018 (3) ABR (Cri) 529 (SC) ::AIROnline 2018 SC 145 ::2018 AllMR(CRI) 4945 ::(2018) 4 AllCriLR 538 ::(2018) 190 AllIndCas 112 (SC) ::2018 (3) KLT SN 98 (SC) ::(2018) 72 OCR 418 ::(2018) 3 Crimes 491(2) ::(2018) 3 UC 1925 ::(2018) 105 AllCriC 296 ::2020 (3) SCC (Cri) 646

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): N. V. Ramana, Mohan M. Shantanagoudar , JJ

(A) Penal Code (45 of 1860) , S.330, S.299— Evidence Act (1 of 1872) , S.3— Voluntarily causing hurt to extort confession or culpable homicide - Proof - Accused persons, Police Officers, on apprehension of deceased being accused of looting few persons, assaulted him in lock-up resulting in his death - Lock- up in which deceased was kept was suffocating, dirty and bottle goard seeds found vomited in place where body of deceased was found - Deceased found in inebriated condition - Post-mortem report reflecting death of deceased due to asphyxiation, hours later from time when injury was inflicted - Injuries found on body of deceased not grievous and cannot be considered sufficient to cause death - Causal link between injuries to deceased and death, not connected - S. 299, not attracted and no question of attracting Ss. 302, 304 arises. (Para 15 16 19 20 21) (B) Penal Code (45 of 1860) , S.330— Evidence Act (1 of 1872) , S.3— Voluntarily causing hurt to extort confession - Plea of superior order or 'Nuremburg defence' - Accused persons, Police Officers, on apprehension of deceased being accused of looting few persons, assaulted him in lock-up resulting in his death - Plea of superior's order executed by accused....