“In this case, ample evidence of prosecution witnesses shows that Begya Pawar was brutally beaten while taking his custody and during interrogation in the police station. The interrogation in the police station was within four corners of police station. Hence, there was no eyewitness to the beating. Evidence of some witnesses shows that when Begya Pawar was taken in the custody his health was good. But post-mortem report…shows that there were 44 multiple injuries, contusions and multiple fractures on the dead body of Begya Pawar,” special judge J P Zapate said.

The prosecution led by S N Kaloo had said that between May 9 and May 10, 2011, the accused policemen went to the home of Begya around 3 am, while he was sleeping, with his wife and children, aged 11 and 7, in the house with him. The policemen beat Begya up and also assaulted other members of the community, including Raju. They then took Begya and Raju to the police station around 3.30 am, where they again assaulted them. Begya’s condition deteriorated due to the injuries and he died while being taken to the hospital around 10 am.

The policemen, five of whom retired from service pending trial, had said in their defence that there was an increase in cases of theft, dacoity in Risod city and a special task force was formed to tackle the crimes. It was claimed that they had received information about a dacoity attempt and they apprehended a group of six persons, who pelted stones at them. The police team claimed that they managed to nab two of them and during the scuffle the men were injured, and that Begya had died due to the injuries. The men had also claimed that the government ambulance carrying Begya did not have oxygen and that his death was caused due to it. It was claimed by the accused that to hide this negligence, they were falsely booked.

The court took into note the evidence of 47 witnesses, including medical experts, who conducted the postmortem and family members of Begya who witnessed the initial assault at his home. The court noted that a case filed against Begya subsequently and it was proven to be a false one. No procedure was followed in his detention, the court said. “The accused are police persons. Hence, they were public servant. Admittedly, while nabbing the offenders, they were entitled to use reasonable force to secure their arrest and to prevent crime. But in the case in hand, they taken custody of Begya Pawar and Raju Pawar at 3.00 a.m. illegaly. They beat them and brought them to the police station, Risod,” the court said.

It also directed that 70 per cent of the fine amount-around Rs 56,000 each accused-be paid to the victim’s family.