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1996 DIGILAW 2095 (SC)

Desh Pati v. State of U. P.

1996-10-30

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. This petition under Article 32 of the Constitution of India has been filed by Desh Pati, widow of one Kuber Lal, who was a convict/under trial. He died during night of 4th/5th of August, 1991 in the District Jail, Hardoi. The Magisterial enquiry was ordered. The Sub-Divisional Magistrate, Sadar, Hardoi submitted his report on November 25, 1991. 4 The operative part of the report is as under: "After considering the entire facts of the case, the conclusion that is down is that at the time of arrest, Kuber had sustained some simple injuries in course of his several falling on the ground. Thereafter, there is no proof to show that any further marpit was committed with Kuber by the police. But after his detention in the district Jail, his injuries were not examined properly and negligent activity was adopted on account of which puss was produced in his abscesses which caused mixing up of the poisonous abustance in his blood resulting in his death. Dr. Mohammad Matin is found to be the highly responsible person for the death of Kuber. Shri J.C. Sharma, compounder and Executive Jailor and Jail Superintendent although do not appear to be directly responsible in the case in the facts and circumstances mentioned above, but they ought to have taken the matter/case seriously also." 2. Mr. Pundir, learned counsel for the State of U.P. states that departmental proceedings were initiated against Dr. Mohammad Matin, Mr. Vasi Ahmed, Acting Jailor, Mr. Jagdish Chandra Sharma, Compounder and Mr. Kamta Singh, Superintendent Jail. According to him minor punishments were imposed on all of them. The Acting Jailor Mr. Vasi Ahmed and Superintendent Jail Mr. Kamta Singh have already retired from service. The Magisterial enquiry clearly indicates that Kuber had injuries on his person at the time when he was brought to District Jail, Hardoi. It obviously means that while he was in police custody he may have been given beating. No enquiry has been held in the conduct of the Police. We direct the Superintendent Police concerned to hold an enquiry against the police officers in whose custody Kuber was prior to his surrender to the District Jail, Hardoi. 3. It obviously means that while he was in police custody he may have been given beating. No enquiry has been held in the conduct of the Police. We direct the Superintendent Police concerned to hold an enquiry against the police officers in whose custody Kuber was prior to his surrender to the District Jail, Hardoi. 3. We are of the view that the interest of justice demands that the widow and family of Kuber be suitably compensated, specially in view of the finding that the negligence on the part of the officers/officials of the State Government was a contributory factor in the death of Kuber. We, therefore, direct the State of U.P. to pay a sum of Rs. two lac as compensation to Desh Pati (petitioner), a widow of Kuber Lal. The amount shall be paid by way of a demand draft in the name of Desh Pati within one month from today. It may be done before the District Magistrate concerned. 4. The Writ Petition is disposed of.