THIRUVANANTHAPURAM: In perhaps the first instance of the death penalty being awarded to police personnel in India for custodial death, two Kerala cops were given the highest punishment of the land on Wednesday for the murder of a scrap dealer who was subjected to third degree torture.

The death penalty by a CBI court comes on a day when the killing of Rakbar Khan in Alwar continues to make headlines over the alleged role played by police. Rajasthan home minister has said that Rakbar died in police custody while the state’s DGP had admitted an error of judgment.

Scrap dealer Udayakumar , 28, was picked up in a theft case in September 2005 but released as he was innocent. However, when he demanded the return of the Rs 4,000 he had on him, the two cops took him to Fort police station in Thiruvananthapuram and tortured him.

Giving the death penalty to assistant sub-inspector K Jithakumar and civil police officer S V Sreekumar, judge J Nazer said in his verdict: “This is a brutal and dastardly murder by accused (number) one and two... The acts of the accused persons would definitely adversely affect the very institution of the police department... And if the faith of the people in the institution is lost, that will affect public order and law and order of the society and it is a dangerous situation.”

Both the cops were posted as constables at Fort police station at the time of the crime on September 27, 2005. The court also imposed a fine of Rs 2 lakh each on them.

Three other accused in the case — T K Haridas, E K Sabu and Ajit Kumar — have been sentenced to three years in jail for destruction of evidence and conspiracy. Haridas is currently deputy superintendent of police, while the other two had served as superintendents of police.

