report to the police station and AD No.37198 uls 174 Cr.P.C. was registered at the 6aramati
Town Police Station which was inquired into by the Circle Police Inspector. The inquest
panchnama of the dead body was performed by Shri S.B. More, Tehsildar Taluka Executive
Maglrtratbe, Baramati on 9 June 1998 and he claimed that he did not notice any injury on the
d a d body. The post-mortem was carried out by Dr. Suresh, Medical Officer, Government
Hospital, Baramati on 9 June 1998 who gave his opinion that the cause of the death was due
@
iniuries over the body. He found seven injuries. The wife of the deceased made allegations
before the District Administration that Kale died in police custody owing to
police torture. Stte also demanded the exhumation of the dead body and re-post-mortem.
Accordingly, on 18 June 1998, the dead body was exhumed and sent to the Sassoon General
Hospital, Pune for a second post-mortem which was performed an the same day. According
to Dr. R.S.Bangali, who performed the second post-mortem on the dead body, death was due
to multiple blunt injuries with evidence of head injury.
Shri B.N. Mane, Police Inspector, CID (Crime), Pune took over the case for investigation
on 11 June 1998.The re-investigationestablishedthat on 8 June 1998 at about 17.00 hrs Kale
was picked up from the flour mill at Tandulwadl Village on suspicion and brought to Baramati
Town Police Station by Police Constables Hinge, Marne and Gire on suspicion about his
involvement in the Baramati Town PS CR No. 28/98 uis 395 IPC. Without showing Kale's
formal arrest he was illegally detained at the Police Station and was administered a beating on
the intervening night of 8 June 1998 and 9 June 1998 with sticks and a belt, to which he
succumbed. In the investigation, the 1.0.Shri Mane found that the information given by P.C.
Hinge about Kale's death being accidental in AD No.37/98 u/s 174 Cr.P.C. was a false and
concocted story. 1.0. Mane PI CID (Crime) on behalf of the State lodged a complaint at
Baramati Town Police Station vide CR No. 74198 uls 302,330,348,201, 34 IPC on 14.7.98
against accused PSI Shashikant Madhukar Patel, PC Suresh Dinkar Hinge, PC Bandu Baban
Marre and PC Subhash Gire. All the aforesaid accused were arrested on 30 July 1998. The
arrested policemen had been placed under suspension by Supdt. of Police, Pune (Rural) and
the investigation in the matter was pending.
What was crucial at this stage was the stand taken by the Government of Maharashtra.
The Government stated that it would pay the compensation only upon the establishment of the
guilt of the policemen. The stand taken by the Maharashtra Qovt. raised a serious question
about the scope of provisions contained in Section 18(3) of the Protection of Human Rights
Act, f 893 enabling the Commission to recommend to the concerned Government or Authority
for the grant of such 'immediate interim relief' to the victim or the members of victim's family as
tha Commission may consider necessary. In a nutshell, the suggestion implicit in the stand
taken by the Maharashtra Govt. was that the proof of the charges in the Court was a condition
precedent for grant of monetary relief. The Commission explaining the meaning of 'Interim
Relief' and the import of Section 18(3) of the Act observed: "It is true that a criminal charge