Nine Policemen Sentenced to Life for Custodial Death of Tribal Man in Maharashtra

A special court in Washim, Maharashtra, on Thursday sentenced nine policemen to life imprisonment for the custodial death of Begya Nainu Pawar, a man from the denotified Pardhi tribe, in 2011. The court found the officers guilty of murder after Pawar died in custody with 44 injuries, including multiple fractures, on May 10, 2011, in Risod, Washim district.

The policemen were also convicted of attempting to murder Raju Pawar, who was similarly assaulted in custody. The court noted that both victims, who worked as labourers, were tortured to extract confessions and beaten brutally. Additionally, some of the accused were convicted under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, as the victims belonged to a denotified tribe.

Special Judge J P Zapate stated, “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. ... Evidence of some witnesses shows that when Begya Pawar was taken in 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.”

The prosecution, led by S N Kaloo, presented evidence that between May 9 and 10, 2011, the accused policemen went to Begya’s home at around 3 am while he was sleeping with his wife and two children, aged 11 and 7. The officers beat Begya and assaulted other community members, including Raju. They then took both men to the police station at 3:30 am, where further assaults occurred. Begya’s condition deteriorated, and he died while being taken to the hospital around 10 am.

In their defence, the policemen—five of whom had retired pending trial—claimed that there had been an increase in theft and dacoity in Risod, prompting the formation of a special task force. They alleged they acted on information about a dacoity attempt and apprehended six people who pelted stones. They claimed they caught two men, who were injured in the scuffle, and that Begya died from those injuries. They also argued that the government ambulance lacked oxygen, leading to his death, and that they were falsely implicated to hide this negligence.

The court considered evidence from 47 witnesses, including medical experts who conducted the postmortem and family members who witnessed the initial assault. The court noted that a subsequent case filed against Begya was proven false and that no legal procedure was followed in his detention. The judgment stated, “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. illegally. They beat them and brought them to the police station, Risod.”

The court also directed that 70% of the fine amount—approximately Rs 56,000 from each accused—be paid to the victim’s family.