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2001 DIGILAW 376 (PNJ)

Harjit Kaur v. State of Punjab

2001-03-21

V.M.JAIN

body2001
ORDER V.M. Jain, J. - This is a petition under Section 482 Criminal Procedure Code filed by the petitioners, for the registration of a case against the Superintendent of Central Jail, Amritsar for causing the death of Jagir Singh, during custody, while ledged in Central Jail, Amritsar. 2. In the petition it was alleged that the petitioners were legal heirs of Jagir Singh, deceased. It was alleged that Jagir Singh, deceased was convicted by the Court and was in custody as a convict in Central Jail, Amritsar. It was alleged that the petitioners received letter dated 6.6.2000 from Superintendent of Central Jail, Amritsar, to the effect that Jagir Singh had committed suicide by hanging himself. It was alleged that petitioners took the dead body of the deceased from the jail authorities after post mortem examination and the last rites were performed. It was alleged that since the death of Jagir Singh had take place in the custody of jail authorities, the jail authorities were fully responsible for his death. It was alleged that there was absolutely no reason for Jagir Singh, deceased to have committed suicide and only jail authorities should explain the circumstances under which he committed suicide. It was alleged that petitioners moved application before the SSP Amritsar for conducting detailed inquiry and for registration of a case against the jail authorities, but no action had been taken by the SSP. It was accordingly prayed that a criminal case be got registered against the jail authorities for the death of Jagir Singh, deceased and State be directed to pay Rs. 10 lacs as compensation to the petitioners, for the custodial death of Jagir Singh. 3. In the written reply filed by Jhalman Singh, DSP, Amritsar, it was alleged that Jagir Singh, deceased was convicted in a case under Section 302 Indian Penal Code, in case FIR No. 78 dated 11.10.1995 of PS Islamabad and was in the custody of Central Jail, Amritsar. It was admitted that post mortem examination of the deceased was conducted by the Government Medical College Hospital authorities. It was admitted that an application from the petitioners was received before the office of Senior Superintendent of Police, Amritsar, which was duly marked for inquiry to Shri Darshan Lal, DSP Headquarters and he had submitted his report to SSP Amritsar, who had sent his report to I.G. Police, Amritsar, vide letter dated 26.8.2000, copy Annexure R-1. It was admitted that an application from the petitioners was received before the office of Senior Superintendent of Police, Amritsar, which was duly marked for inquiry to Shri Darshan Lal, DSP Headquarters and he had submitted his report to SSP Amritsar, who had sent his report to I.G. Police, Amritsar, vide letter dated 26.8.2000, copy Annexure R-1. It was alleged that a thorough enquiry was made into the matter and during inquiry, it was found that no cognizable offence was made out against the jail authorities. It was found that Jagir Singh, deceased had died due to suicide. Separate reply was filed by Jagjit Singh, Superintendent, Central Jail, Amritsar, in which it was alleged that intimation regarding the death of Jagir Singh was sent to his parents, vide letter dated 6.6.2000. It was further alleged that after completing all the formalities i.e. inquest and post mortem examination, dead body of Jagir Singh was handed over to his brother Dharam Singh on 7.6.2000 for last rites of the deceased. It was alleged that Jagir Singh had committed suicide in the jail. It was alleged that no official of the jail was responsible for the death of Jagir Singh, but he had committed suicide due to his family problems. 4. I have heard the counsel for the parties and have gone through the record carefully. 5. The learned Counsel for the petitioners, at the outset, submitted that even if no case is ordered to be registered against the jail authorities for the death of Jagir Singh, deceased, in view of the fact that Jagir Singh deceased had committed suicide, yet the petitioners being the legal heirs of Jagir Singh, deceased, were entitled to compensation for the death of Jagir Singh, deceased, considering that it was a custodial death. Reliance has been placed on the law laid down by this Court, in case reported in Rajwant Kaur and others v. State of Haryana and others, 2000(2) AIJ 175. 6. After hearing the learned Counsel for the parties and after perusing the record, in my opinion, no case is made out either for registration of a criminal case for the death of Jagir Singh, deceased or for payment of any compensation to petitioners in this regard. The post mortem report, in respect of Jagir Singh, is categorical. Ligature mark on the neck was ante mortem in nature. The post mortem report, in respect of Jagir Singh, is categorical. Ligature mark on the neck was ante mortem in nature. The cause of death in the opinion of doctors performing the post mortem examination was Asphyxia as a result of hanging which was sufficient to cause death in the ordinary course of nature. In this view of the matter, in my opinion, the learned Counsel for the petitioners has rightly not pressed for the registration of a case against the jail authorities, for the death of Jagir Singh, deceased. 7. Coming on the question of compensation, in my opinion, no case for the grant of any compensation to the petitioners is made out for the death of Jagir Singh, deceased, considering that Jagir Singh, deceased had died due to suicide committed by him, not relating to any functionary of the State Government. If Jagir Singh, deceased, had committed suicide due to his family problems while he was in custody of Central Jail, Amritsar, in my opinion, no case for the grant of compensation to the petitioners in this regard is made out. The authority 2000(2) AIJ 175 (supra), relied upon by the learned Counsel for the petitioners, in my opinion, would have no application to the facts of the present case. In the reported case, a categorical finding was given by this court that Jassa Singh had been killed while he was in police custody by giving/injecting into him the Ethyl alcohol and Aluminium Phosphide (Celphos) poisoning. Similar finding was also given by the Sessions Judge, when he was asked to hold inquiry and it was found by this court that there was nothing to disturb the said finding of the Sessions Judge in this regard. It was under those circumstances, that this court had directed the payment of Rs. 1.50 lacs as compensation for the death of Jassa Singh. 8. However, the law laid down in this authority, in my opinion, would be of no help to the petitioners. As referred to above, in this case, it has been found that Jagir Singh had committed suicide, for which no official of the Jail Department could be blamed. That being so, the question of payment of any compensation to the petitioners would not arise. For the reasons recorded above, finding no merit in this petition, the same is dismissed. Petition dismissed.