T. MEENA KUMARI, J. ( 1 ) THIS Writ Petition has been filed seeking a direction to the respondents to pay a sum of Rs. 5,00,000. 00 towards compensation for the death of the husband of the petitioner on 25-8-1993 caused by the second respondent in the lock-up. ( 2 ) THE case of the petitioner is that the deceased Kilaparthy Ramakrishna is her husband. It is stated in the affidavit filed in support of the writ petition that the second respondent has picked up her husband many days prior to 25-8-1993 on a suspicious involvement in a crime and he was tortured to confess the crime which was not committed by him. It is stated that her husband died on 25-8-1993 at 5. 00 a. m. unable to bear the torture. Immediately, the second respondent registered a case in crime No. 17 of 1993 under Section 174 of cr. P. C and an inquest was conducted by the mandal Revenue Officer and Mandal executive Magistrate, K. Kotapadu in between 4. 00 p. m. and 7. 00 p. m. in the presence of the Panchayatdars. The panchayatdars opined that her husband committed suicide disgusted with life. ( 3 ) IT is stated that subsequently, the third respondent held a Magisterial Enquiry and submitted a report to the District Collector, visakhapatnam and to the Government of andhra Pradesh stating that the death of her husband was homicidal and not otherwise. ( 4 ) IT is stated that the petitioner addressed a letter to the Mandal Revenue officer, K. Kotapadu through her advocate on 1-9-1994 to supply the First Information report, post-mortem certificate and inquest report of her late husband. ( 5 ) THE second respondent filed counter stating that the petitioner did not marry the deceased. The deceased Ramakrishna was arrested on 24-8-1993 while he was in possession of a Hero Honda Motor Cycle bearing No. AP 31 C 4734 under suspicious circumstances and the deceased has confessed that he has committed theft of the said vehicle at a bar near NAD Kotha Road, visakhapatnam and the said vehicle is a stole property in a case in Cr. No. 50 of 1993 registered under Section 379 of IPC of gopalapatnam PS of Visakhapatnam City. No. 50 of 1993 registered under Section 379 of IPC of gopalapatnam PS of Visakhapatnam City. The second respondent denied the allegation of torturing of the petitioner and the deceased committed suicide by hanging himself with lungi as he developed despondency over his exposure as a common criminal in the area. It is also stated that the Magisterial enquiry was conducted by the third respondent and in that enquiry, the third respondent has submitted a report to the Government and also to the District collector, Viskahapatnam stating that there was no scope to suspect any foul play in the death of the deceased while in the police custody. Basing on the said report, the government in its Memo No. 43670/hrc/98-1 dated 17-8-1998 have dropped the matter. Hence, this Writ Petition is liable to be dismissed. ( 6 ) HEARD both sides. ( 7 ) TO appreciate the facts of the case, the only material available on record is the inquest panchanama conducted on the body of Ramakrishna. In it, it is stated that the ramakrishna was moving around on Zeep, car, Motorcycles, scooter as a gentleman in bathinavanipalem and K. Kotapadu villages. Prior to 18-8-1993, the said kilaparthi Ramakrishna has stolen Avanthi moped bearing registration No. APE 7744 and pledged the same and later it was seized. Later, the police arrested ramakrishna along with stolen motorcycle ap 31 C 4734 near Bathinavanipalem junction on 24-8-1993 around 2. 30 p. m. It is also stated in the inquest report that the deceased confessed that he has stolen the said motorcycle on 22-8-1993 when it was kept near a bar at Kotha Road. It is also stated that cases in Crime No. 141 of 1990 was registered under Section 380 of IPC at visakhapatnam City and Crime Nos. 550 of 1992 and 102 of 1993 under Sections 379 of ipc of Kancharapalem PS. It is also stated that he was cuffed to his right leg and tied with a leading chain to the rod of the window. ( 8 ) IN the inquest report, the following injuries were found on the body of the deceased:" (1) There is a ligature mark of 8" on the lower part of the neck running from left to right with breadth of 2" on the left side and 1" on the right side. ( 8 ) IN the inquest report, the following injuries were found on the body of the deceased:" (1) There is a ligature mark of 8" on the lower part of the neck running from left to right with breadth of 2" on the left side and 1" on the right side. (2) There are small abrasions on the right knee, below the left forearm, left leg on the skin. " ( 9 ) IN the said inquest report, it is also mentioned that there is oozing of blood from the nose and ear and foul of salvia was flowing from the chest to right foot by drops. It is also stated that in the postmortem, it was found the stains on both the palms and from the half of things up to feet. ( 10 ) THE post-mortem report is also filed in which the following injuries have been mentioned:"1. Healed scar present over the lower part of right knee about 2 cm. in diameter. Blackish in colour. 2. Ligature mark present over the upper part of the neck above the thyroid cartilage executed obliquely upwards on to the both sides of the neck parallel to the jaw line. On left side up to 5 cms. below the left mastoid area and on right side up to 4 cms. below the right mastoid area. " ( 11 ) IT is the case of the respondents that the deceased might have committed suicide in between 4 a. m. and 5 a. m. on 25-8-1993 as he developed despondency over his exposure as a common criminal. ( 12 ) IT is clear from the above that at the time of death of the deceased, he was chained his leg with long chain and blood was oozing from nose and ear and foul of saliva was flowing from the chest to right foot by drops. ( 13 ) IT is not the case of the respondents that when the deceased was arrested, he was suffering with injuries. It is also not the case of the respondents that the deceased was referred to hospital for treatment of injuries after he was brought to the police station. ( 14 ) THEREFORE, it has to be held that the deceased suffered with the injuries that were mentioned in the inquest report and postmortem only after he was brought to the police station. ( 14 ) THEREFORE, it has to be held that the deceased suffered with the injuries that were mentioned in the inquest report and postmortem only after he was brought to the police station. It is also evident from the report of the inquest that the deceased was tied with a long chain to his right leg. ( 15 ) FROM the above, it is clear that the deceased was cuffed to his right leg with long chain in the police station. This Court and the Apex Court in several cases has deprecated the practice of chaining the persons while they are in the custody of the police. The petitioner alleged that in the enquiry conducted by the third respondent, the third respondent has stated that the death of the husband of the petitioner was homicidal and not otherwise. ( 16 ) IN all probability, the husband of the petitioner might have committed suicide because of the unable to bear physical torture meted out to him by the police while he was in their custody. It is strange to note that how the police could not notice the deceased from committing suicide while he was in their custody, that too as stated by the police, he was in the front room of the police station. It is not alleged by the police that the deceased is a hard criminal and that the second respondent in his counter did not state that he was involved in any criminal cases. ( 17 ) THE Supreme Court in the case of d. K. Basil v. State of West Bengal (1997 (1) ald (CRL.) 248 (S. C.) has held that the claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. Public law proceedings serve a different purpose than private law proceedings. Award of compensation for established infringement of the indefeasible rights guaranteed under art. Public law proceedings serve a different purpose than private law proceedings. Award of compensation for established infringement of the indefeasible rights guaranteed under art. 21 of the Constitution of India is a remedy available in public law since the purpose of public law is not only to civilized public power but also to assure the citizens that they live under a legal system wherein their rights and interests shall be protected and preserved. Grant of compensation in proceedings under Art. 32 or 226 of the constitution of India for the established violation of the fundamental rights guaranteed under Art. 21, is an exercise of the Courts under the public law jurisdiction for penalizing the wrong doer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen. ( 18 ) THE Supreme Court in the case of nilabati Behera v. State of Orissa ( AIR 1993 SC 1960 ) while dealing contravention of human rights and fundamental freedoms by State and its agencies awarded compensation for the custodial death of the son of the petitioner in the said case. The Supreme court in para 22 of the judgment held as follows:"the question now is of the quantum of compensation. The deceased Suman behera was aged about 22 years and had a monthly income between rs. 1,200/- to Rs. 1,500. 00. This is the finding based on evidence recorded by the District Judge, and there is no reason to doubt its correctness. In our opinion, a total amount of rs. 1,50,000/- would be appropriate as compensation to be awarded to the petitioner in the present case. " ( 19 ) THIS Court has also taken note of the fact that the petitioner is being paid Rs. 50. 00 towards pension of widow. I feel that the said amount will not meet the basic necessities of a person. ( 20 ) THE petitioner is aged about 25 years and she is an young widow and she has to lead the rest of life without any support. The deceased had a monthly income of rs. 750/- to Rs. 900. 00, by taking into consideration of the fact that even a cooly will earn Rs. 25. 00 to Rs. 30. 00 per day. The deceased had a monthly income of rs. 750/- to Rs. 900. 00, by taking into consideration of the fact that even a cooly will earn Rs. 25. 00 to Rs. 30. 00 per day. Taking into consideration of the age of the petitioner and of the income of the deceased, this Court feels that a total amount of Rs. 1,00,000. 00 is an appropriate compensation. Accordingly, we direct respondent No. l to deposit the said sum in a Nationalized Bank for a period of five" years and she has to receive quarterly interest accrued thereon and on maturity of the said deposit, the petitioner is entitled to receive the said amount. ( 21 ) WITH the above directions, this Writ petition is allowed. No costs.