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Issues Involved:
The judgment addresses serious allegations of murder by torture against the police, mishandling of investigation, and the need for an independent inquiry. Allegations and Investigation: The case involves the death of Gopi Ram, a tonga driver, allegedly due to police brutality. The police officers involved were accused of beating Gopi Ram and another individual, Sudesh Kumar, resulting in Gopi Ram's death in police custody. Despite complaints and a case being registered, no action was taken against the accused officers. The High Court dismissed a writ petition seeking transfer of the investigation to the Central Bureau of Investigation (CBI). Court Findings and Observations: The Supreme Court found that the police investigation was not conducted impartially and there were attempts to shield the guilty officers. The Additional Sessions Judge noted discrepancies in the investigation, including the hasty conversion of charges without waiting for the postmortem report. The Court agreed with the Sessions Judge's assessment that the case indicated deliberate murder in police custody and a biased investigation. Decision and Directions: In the interest of justice, the Supreme Court ordered a fresh investigation by an independent authority, specifically directing the Central Bureau of Investigation (CBI) to conduct a thorough inquiry. The trial court was instructed to utilize its powers under Section 173(8) of the Criminal Procedure Code to ensure a proper investigation. The CBI was tasked with submitting an additional charge sheet if necessary, following an independent and objective investigation. Conclusion: The appeal was disposed of with the directive for a new investigation by the CBI to uncover the truth behind the alleged police brutality and murder, emphasizing the importance of impartiality and justice in such cases.
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