M. Sharma, J.- In this writ petition for habeas corpus, the petitioner Shri Bihar Tinning claims compensation and judicial enquiry into the mysterious death of his elder sister Ms. Someswari Timung and deterrent punishment of the culprits for her murder. 2. The case of the petitioner in brief is that his elder sister Someswari was a Grade-IV employee (attendant) of Majikuchi Subsidiary Health Centre within Gohpur Constituency in Sonitpur District. Her marriage was scheduled to be solemnised within a short time with one Prabin Mudoi of the locality and sometimes they used to live together. 3. On 9.12.90 at about 3 AM to 4 AM three vehicles carrying Army personnel and police entered the compound of the Majikuchi Subsidiary Health Center, where the Doctor, In-charge of the Health Center, namely, Dr. D. Chetri and Someswari were residing in separate Government quarters. On that day Shri Prabin Mudoi was also staying with Someswari in her quarter. Army personnel forcibly entered into her quarter and brought out Prabin Mudoi and took him away else where. Thereafter, Someswari was tortured. There was nobody to rescue her. At about 9 AM on 9.12.90, a rumour spread out in the locality that Someswari was hanging in her quarter. After hearing the rumour police of Howaijan Out Post came and found Someswari hanging in her quarter. Police kept the dead body in the open front of the Out Post till H.12.90 and no post mortem examination of the dead body was held. 4. On the evening Probin Mudoi was released by the Army personnel as nothing incriminating was found with him regarding his connection with ULFA activities. 5. On 11.12.90 the dead body was brought to Bihali Primary Health Center and post mortem examination was held by Dr. Basanta Duara. The petitioner somehow managed to see the post mortem report and the follow­ing injuries were found. (1) Bruises- (i) One over the inner side of the left arm. (ii) One over the face. (iii) One over the upper part of the interior chest wall. (iv) Over the inner sides of both thighs. (2) Ligature mark around the upper part of the neck with its knot behind the left ear. 6. (1) Bruises- (i) One over the inner side of the left arm. (ii) One over the face. (iii) One over the upper part of the interior chest wall. (iv) Over the inner sides of both thighs. (2) Ligature mark around the upper part of the neck with its knot behind the left ear. 6. The petitioner has contended that from the post mortem report It is clear that sexual assault was committed by the Army personnel and in course of such sexual intercourse the victim received the bruises on different vital parts of the body which was the result of gang rape. The death of the victim was committed by some of the Army personnel by hanging her in her quarter. 7. Both the Army and the State of Assam filed affidavits denying the charge of murder. 8. Capt. M. S. Pattabandhan as Captain 21 Mt. Division, has filed affidavit on behalf of respondent No.l Union of India and respondent INo.4 Lt. General Brar, Eastern Command, In-charge of operation Bajrang, /Assam. The deponent has denied the allegation against them and the involvement of the Army personnel in the raid on 9.12.90. The averment of the deponent in the affidavit is that the raid was conducted by the police :and BSF and Someswari's lover Pranab was apprehended and released on PR Bond and the cause of death of Someswari was not known to the deponent and he was not aware of the facts that happened in this case, 9. The State of Assam, through Under Secretary to the Govt. of Assam, Political Department on behalf of respondent No.2 and 3 has filed counter denying the allegations. In the counter, the Under Secretary tried to give detailed description of the raid and its events. The deponent has averred that on that day, about 4-30 AM along with 2 sections of BSF and 2 sections of AP Bn personnel led by Shri Nandeswar Das, SI, I/c Howaijan Out post and SI Kamal Bora of Gohpur PS conducted raids in different places in search of suspected ULFA activits and on suspicion the police party searched Govt. quarter of Miss Someswari Timung in presence of the doctor D. Chetri after observing formalities of house search. One Prabin Mudoi of the same village who was not related to Timung, was found in her room. quarter of Miss Someswari Timung in presence of the doctor D. Chetri after observing formalities of house search. One Prabin Mudoi of the same village who was not related to Timung, was found in her room. On interrogation he could not give satisfactory replies to the quarries made by police, therefore, he was picked up for further interrogation and the police party left the place at 5-05 AM leaving Someswari in her room. At that time Dr. Chetri was also present. His further averment is that on receiv­ing a written ejahar by I/c Howaijan Police Out post, he rushed to the place of occurrence on the same day at about 12 noon and issued WT message to SDPO Biswanath Charali for the Morgue Van, held inquest over the dead body and brought it to the Out-post and arrangements were made for post mortem examination of the dead body. The post mortem examination was conducted on 11.12.90 by Dr. Basanta Duara and the respondent annexed the post mortem report as Annexure A to the counter affidavit. 10. We found the description of the injuries given in the Annexure A post mortem report corroborated those given in the writ petition by the petitioner. The State of Assam, respondent No.2, strongly denied the involvement of the BSF and police in the murder of the victim by hanging. 11. Heard learned counsel Mr. A.K. Phukan for the petitioner and also Mr. M. A. Laskar, learned Additional Advocate General for the respondents. 12. Mr. Phukan, learned counsel strenuously urged that it is a case of murder and after committing gang rape, the murder was committed by the party raiding and tried to colour the incident of murder as suicide by hanging. In support of his submission he invited our attention to the post mortem report and contested it on the following ground : (1) The post mortem report was not countersigned, (2) Absence of saliva/blood from the mouth which is common in case of death by hanging, (3) Presence of ligature mark can not be diagnostic death from hanging, inasmuch as, being a cadaveric phenomenon, it may be produced if a body has been suspended after death. Person hanged alive similar mark can be produced if suspended within 2 hours or even a longer period after death. Person hanged alive similar mark can be produced if suspended within 2 hours or even a longer period after death. However one can safely say that death was due to hanging if, in addition to the cord mark there were tickling of saliva from the mouth of the victim and slight abrasions about the ligature mark, laceration of the intima of the carotid arteries with extra vacation of blood within their walls and signs of struggle and nail marks, fatal injuries, or poisoning. To substantiate his submission Mr. Phukan referred Modi's Medical Jurisprudence 28th Edition (Chapter 7 page 158). Mr. Phukan has submitted that on perusal of the post mortem report there is no such statement in the post mortem report to support the same except the finding that ''Ligature mark around the upper part of the neck with its knot neck behind the left ear". Mr. Phukan has reiterated that absence of drippings of saliva from the mouth substantiate the falseness of the story of death by suicide by hanging. He has further submitted that surprisingly, in spite of his Court's order, the doctor who conducted the post mortem did not appear before the Court to substantiate the post mortem report. 13. In view of the facts and circumstances of the case we are constrained to believe that the death of Someswari by hanging herself is disputed and to unveil the cloud of suspicion proper probe needed to ascertain her suspicious death. 14. In respect of judicial enquiries Mr. Phukan has submitted that if proper inquiry/investigation is not made and deterrent punishment is not awarded to the culprits, more particularly, when they are the protector of life and property of the citizens, people will lose confidence in the administration and as both the Army or BSF and Police personnel are involved, no justice can be expected from Civil Administration. Admittedly petitioner is not in a position to collect materials and produce real culprits because of the peculiar facts and circumstances of the case. 15. Heard Mr.M.A. Laskar, learned Additional Advocate General, Assam who has submitted that already a case has been registered being Gohpur P.S.Case No. 12/90 and investigation is pending, and therefore no parallel inquiry can be ordered. In this regard Mr Phukan's submission is that in this connection a UD case was registered by the Gohpur Police. 15. Heard Mr.M.A. Laskar, learned Additional Advocate General, Assam who has submitted that already a case has been registered being Gohpur P.S.Case No. 12/90 and investigation is pending, and therefore no parallel inquiry can be ordered. In this regard Mr Phukan's submission is that in this connection a UD case was registered by the Gohpur Police. The learned Additional Advocate General has further submitted that in the instant case no specific case has been established against the Army/Police personnel and therefore, direction for holding a judicial enquiry and for payment of ex-gratia is not sustainable. 16. In the instant case from the facts and circumstances, we find it difficult to arrive at a decision regarding the facts leading to the death of Someswari. That apart, we find it difficult to make enquiry directly, such as taking evidence etc. without which the question in dispute can not satisfac­torily be decided, more so, when the petitioner approaching this Court for enforcement of fundamental right is not in a position to furnish all the relevant materials and necessary particulars. In such a case the Court may appoint Commission or direct investigation or inquiry through appropriate agency, or may also direct the case to be investigated by another agency like Central Bureau of Investigation to find out the proof of allegation. In appropriate cases the Apex Court referred such matters to the Central Bureau of Inves­tigation for a thorough investigation, in spite of pendency of Magisterial enquiry or investigation by the police. It is submitted in the Bar that the case has been registered against the Army personnel unnamed as LID case and it is not known how far the investigation is proceeding. At this stage it would be helpful to refer the decision of the Supreme Court in State of West Bengal vs. Sampatlal, ( AIR 1985 SC 195 ). In that case dead bodies of two boys were found from the railway track. The Calcutta High Court directed the Director General of Central Bureau to investigate the cause of death and to submit the report to the Court. Here in this case the police investigation, as we found has not been proceeding as expected. Mr. Phukan has unequivocally expressed doubt about the feasibility of fair and undisputed investigation from the police authority of the State in view of the state of affairs prevailing in the State. 17. Here in this case the police investigation, as we found has not been proceeding as expected. Mr. Phukan has unequivocally expressed doubt about the feasibility of fair and undisputed investigation from the police authority of the State in view of the state of affairs prevailing in the State. 17. From the above discussion we hold that the case be investigated by the Central Bureau of Investigation. Accordingly we direct that the case shall be referred immediately to the Central Bureau of Investigation for thorough and detailed inquiry in it. A copy of the report shall be submitted to this Court for follow up action. 18. On the prayer of compensation we heard both the parties at length. Mr. Phukan, learned counsel for the petitioner has contended that the petitioner is an unemployed youth. The deceased Someswari was the bread-earner of the family, three brothers and his father is an old man aged about 60 years and a paralytic patient for more than 11 years and their mother is also old. The entire family was financially helped by Someswari from her monthly salary and the family was somehow pulling on. On the facts and circumstances of the case, we are of the view that ex-gratia payment (payment without legal consideration) or some monetary payment in the nature of a palliative would be admissible in such a case. Moreover, Someswari was at the prime of her youth aged only 22 years. If alive, she could have maintained the family for a long time. In view of the matter, if an amount of Rs. 2,00,000/- (Rupees two lakhs) is ordered to be paid to the parents of the deceased Someswari, it would meet the ends of justice. 19. For what has been stated above, we direct the Superintendent of Police, Central Bureau of Investigation, Shillong to register a case under section 302 IPC and proceed with the investigation and after investigation is completed, this Court may be apprised of the result. It is needless to say that the said Investigating Agency after completion of investigation shall proceed in accordance with the law. We further direct the Director General of Police, Assam, to handover the records of Gohpur Police Station Case No, 12/90 to the Superintendent of Police, Central Bureau of Investigation Shillong, immediately and positively within 15 days. 20. It is needless to say that the said Investigating Agency after completion of investigation shall proceed in accordance with the law. We further direct the Director General of Police, Assam, to handover the records of Gohpur Police Station Case No, 12/90 to the Superintendent of Police, Central Bureau of Investigation Shillong, immediately and positively within 15 days. 20. Regarding compensation, we make both Union of India and the State of Assam jointly and severally responsible for the payment of the afore­said sum of Rs. 2,00,000/- (Rupees two lakhs) and the said sum shall be paid by an Account Payee Cheque to the District and Sessions Judge, Sonitpur, Tezpur. The learned District and Sessions Judge, Tezpur shall disburse the amount to the parents of the late Someswari Timung and the present petitioner viz Bihar Timung shall bring the parents to the Court of the learned District and Sessions Judge, Tezpur. If necessary, the learned District and Sessions Judge may send an Officer for proper identification to the village, where the parents are residing. Out of the above sum of Rs. 2,00,000/- (Rupees two lakhs) a sum of Rs. l,50,000/-(Rupees one lakh fifty thousand) shall be kept in fixed deposit either with a Nationalised Bank or may be invested in the Uuit Trust of India or any other similar scheme, so that, from the said amount the parents of the late Someswari Timung and other family members may get a monthly income to maintain themselves. 21. A copy of this order may be sent to the Director General of Police, Assam, Superintendent of Police, CBI, Shillong and the learned District and Sessions Judge, Sonitpur, Tezpur. With the above directions and observations, the writ petition is disposed of and the Rule Nisi is made absolute, as we have awarded compensation. No order as to costs.