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Meghalaya High Court · body

2014 DIGILAW 205 (MEG)

Baiti Sangma v. Union of India

2014-09-01

S.R.SEN

body2014
Judgment Sudip Ranjan Sen, J. 1. This instant Writ Petition is praying for a direction to the respondents to pay adequate compensation to the petitioner. 2. The petitioner's case in nut shell is that, "the writ petitioner eldest son (L) Mithun A. Marak was shot dead by B.S.F. personnel near the Khasimara River near the village of the petitioner. The petitioner and his deceased son were among the people who gathered at the place of occurrence following commotion and the shrieking of two girls of the village who were being attempted to molest/rape. The petitioner was severely beaten up by the BSF personnel and thereafter the jawans started indiscriminate firing in which the deceased was shot dead at the spot. The death has caused severe grievances to the petitioner and other remaining kit and kin of the deceased victim and an irreparable loss to the family. Meanwhile, the enquiry of the shouting incident is under a stay order at the instance of the B.S.F. in Crl. Rev. No. 35 (SH) 2007. Under these facts and circumstances, it is urged that the petitioner and the other remaining members of the family ought to be compensated, hence, this application". 3. Mr. PK Borah, the learned counsel appeared for on behalf of the petitioner submitted that, the petitioner's eldest son (L) Mithun A Marak was shot dead by the BSF personnel in the Khasimara river near his village without any rhyme or reason. The learned counsel further contended that, at the time of death the petitioner's son was about 16 years old and prayed that adequate compensation may be directed. 4. On the other hand, Mr. SC Shyam, the learned senior counsel appeared for on behalf of the respondents fairly submitted that, it is not disputed that the victim died due to firing by the BSF personnel. 5. I have perused the petition, affidavit-in-opposition as well as the Inquiry Report conducted by the Addl. Deputy Commissioner, East Khasi Hills, Shillong. The findings of the Inquiry Report is reproduced herein below: "From the spot inspections, I could see that the spot (place where this dead body was lying) is located by the side of the road and about 20 meters from the stream and the said place of occurrence is still far away from the Border. There are about four houses located near the place of occurrence. There are about four houses located near the place of occurrence. From the FIR filed by the Molor of Rengku and from the statements made by IWs 3, 5, 6, 7, 8 & 9 it appear there was an attempt by the BSF personnel to harm the two girls and when the crowd arrived, the alleged offenders released the girl and man handled the crowd and in the fight, two rounds were fired in the air and one round of gun shot hit the victim Mithun A. Marak. Further the Medical Report (Annexure XVII) in respect of (1) Paulus N. Sangma and (2) Baite Ch. Sangma shows there is some injuries on their body. On the other hand, from the statements of IW 11 & 12 there appears a fight between the BSF personnel and the villagers because the BSF tried to stop the smuggling of bamboo to Bangladesh. This is supported by the FIR lodged before the Forest Officer by the BSF, the Discharge slip issued by Civil Hospital, Shillong in respect of Kuldip Singh and also the FIR lodged by the BSF before the police on 04/03/07 (Annexure XVIII & XVIX). As there is allegation and counter allegation by both sides it could not be ascertained as to the nature and causes of the incident. The villagers alleged that the nature and causes of the incident is due to the attempt made by the BSF personnel to harm the girls, where as the BSF personnel alleged that it is due to the stoppage caused by some smugglers, that they had to cause the firing to defend themselves and the shot that killed the boy was accidental in the midst of the night. From the Post Mortem Report (Annexure XV) it appears that the death of (L) Mithun A. Marak was due to the shock and hemorrhage following bullet injuries of the chest. It is not disputed as to the fact that there was a firing incident that caused death to the boy. Further, the Post Mortem Report also says that the shot that hit the boy is from a long range distance. It is not disputed as to the fact that there was a firing incident that caused death to the boy. Further, the Post Mortem Report also says that the shot that hit the boy is from a long range distance. Hence from the evidence deposed by the BSF personnel and linking with the Post Mortem Report and also on perusal of the records it transpires that there was a fight between the BSF personnel and the group of villagers at Ryngku village and in the course of the fight, the BSF fired two rounds of shots in the air and one round at the crowd, the persons who were available at the immediate distant were not hit by the bullet but the victim boy who situated at farther distant was hit by the same. In the light of this, I am of an opinion that the firing at the boy was not intentional, the trigger went off in the course of the fight. Submitted. Sd/- (Shri T. Lyngwa) Additional Deputy Commissioner East Khasi Hills District, Shillong" 6. From the findings of the Inquiry Report, it is clear that the victim died due to firing and sustained bullet injuries in the chest and it is also apparent that the victim was not in close proximity but at a distance. 7. Therefore, from the Inquiry Report it remains no doubt that, the cause of death was due to the firing by the BSF personnel from a distant, hence, the respondent is liable to pay compensation to the petitioner for losing his son. 8. Now the question remains, what will be the quantum of compensation to be awarded. From the Postmortem Report dated 5.03.07, it is apparent that the age of the victim was 16 years old. If I assume that, at the time of death the victim had no income and what would be his income when he complete 18 years. It is also a fact that, the general life span of a person in our country is 65 years, hence, the victim is entitled compensation for 47 years. In such a circumstances, if I take into consideration the Unskilled labour as per the Government Notification dated 24.08.2009; the victim would have earned Rs. 100 per day, Rs. 3,000/- per month and Rs. 36,000/- in a year. Had the victim survive till the age of 65 years, he would have earned Rs. In such a circumstances, if I take into consideration the Unskilled labour as per the Government Notification dated 24.08.2009; the victim would have earned Rs. 100 per day, Rs. 3,000/- per month and Rs. 36,000/- in a year. Had the victim survive till the age of 65 years, he would have earned Rs. 16,92,000/- in 47 years. However, out of Rs. 16,92,000/-, 1/3 (one third) will have to be deducted for his personal expenses and the rest of the amount i.e. Rs. 11,28,000/- can be considered as compensation. 9. Considering the fact and circumstances, the respondent is directed to pay Rs. 11,28,000/- as compensation amount to the petitioner and payment to be made within 3(three) months from the date of this order. 10. With these observations and directions, this instant Writ Petition is allowed and stands disposed of.