JUDGMENT : T.V. Nalawade, J. 1. Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal. 2. Present petition is fled for the relief of giving direction to the respondents to pay compensation of Rs.50 lakh to the petitioner in respect of the death of Yogesh Rathod, who died due to injuries sustained by him in jail. 3. The proceeding is fled by the widow of the deceased. It is her contention that in respect of the construction of the house which the family of the deceased was making, there was dispute with the neighbour and out of that dispute, report was given against the deceased and criminal case bearing R.C.C. No. 1714/2015 was fled against the deceased in the Court of Judicial Magistrate, First Class, (J.M.F.C.) Aurangabad. It is contended that on 19.12.2018 non bailable warrant was issued against Yogesh and after executing that warrant when he was produced before the learned J.M.F.C., the J.M.F.C. granted Magisterial custody remand (M.C.R.) and due to that order, he was kept in Harsool jail. It is contended that on 17.1.2019 when Yogesh was taken to jail, Harsool prison, his relatives including the petitioner had gone there and at the gate of Harsool jail, they had talk with Yogesh. It is contended that he was hale and hearty at that time and the deceased had no health problem before that day. It is contended that as the family could not get record like 7/12 extract for getting bail order, Yogesh was sent to prison. 4. It is the case of petitioner that on 18.1.2019 in the morning she went to Harsool prison for obtaining signature of Yogesh, as such signature was necessary for making application for bail. It is contended that when he was brought to the place where the prisoners are allowed to meet the relatives, she noticed that he was not able to speak, he was not able to move and he appeared to be badly injured. The petitioner has contended that she felt that Yogesh was virtually in coma and he could not sign the Vakalatnama which was taken by the petitioner to jail. It is contended that till 10.00 a.m. she was there, but Yogesh could not sign on Vakalatnama. She returned back from prison. The petitioner has contended that she felt that Yogesh was virtually in coma and he could not sign the Vakalatnama which was taken by the petitioner to jail. It is contended that till 10.00 a.m. she was there, but Yogesh could not sign on Vakalatnama. She returned back from prison. It is her contention that nothing was informed by the jail authority to her about the aforesaid health condition and reasons for the same. 5. It is the contention of the petitioner that she again went to jail at about 4.00 p.m. on 18.1.2019, but on that occasion jail authority informed that Yogesh was admitted in Ghati Hospital. She wanted to obtain the signature of Yogesh on Vakalatnama, but when she learnt that Yogesh was shifted to Ghati Hospital, the Government Hospital, she went to Ghati Hospital along with the relatives. It is her contention that the deceased was kept in general ward and he was kept on ventilator. It is contended that on 19.1.2019 at about 8.20 p.m. doctors from Ghati Hospital declared that Yogesh was dead. It is contended that the authorities from jail and hospital did not give intimation about the health condition and information about the death was also not given immediately. It is contended that the aforesaid circumstances show that the injuries were inficted to the deceased in jail and that is why nothing was informed to her about the health condition. It is contended that due to all these circumstances, she and relatives of the deceased refused to take the custody of the dead body unless proper action was taken and crime was registered against the prison officers for the offence of murder. 6. It is the contention of the petitioner that Yogesh was doing business. He was of Banjara community, which is a scheduled tribe and this tribe was included in Criminal Tribes Act, 1924 by Britesh Government and this Act had the history of previous Act like Criminal Tribes Act, 1858 and since then Banjara tribe was branded as criminal tribe. It is contended that even after the freedom from Britesh Rule, the tribe carried the stigma and the authorities treat the persons of this community as criminals. It is contended that only due to such outlook of the officers from prison, the deceased must have been assaulted in prison and the injuries inficted on him in prison caused his death. It is contended that even after the freedom from Britesh Rule, the tribe carried the stigma and the authorities treat the persons of this community as criminals. It is contended that only due to such outlook of the officers from prison, the deceased must have been assaulted in prison and the injuries inficted on him in prison caused his death. It is contended that even when there are directions given by Apex Court in various landmark cases, such atrocities are committed by the police officers and jail officers and they are in a position to cover up the things. She has contended that in the P.M. report, there is specific opinion that the death took place due to head injury and such head injury could have been inficted only by assault. 7. It is the contention of the petitioner that Yogesh was hale and hearty person and he was aged about 29 years and he was only bread winner of the family. It is her contention that she has lost support of her husband and her children have lost care and protection of father and their future is in dark now. She has contended that she is entitled to get compensation from all the respondents who are State Government and State officers and the amount should be at least Rs.50 lakh. 8. The proceeding was fled for relief of handing over the investigation of the case to other investigating agency like C.I.D. or C.B.I. also, but by making amendment in the proceeding in July 2019 this relief was deleted. Further, as per procedure, the investigation is with C.I.D. 9. The respondents have fled reply through Police Inspector of C.I.D. Department. The investigation was given to C.I.D. as per the guidelines given by the Apex Court in one case. He has admitted that after execution of the non bailable warrant, the deceased was produced before the J.M.F.C. and as J.M.F.C. had granted M.C.R. and then he was taken to Harsool jail on 17.1.2019 at 7.00 p.m. and since then he was in Central Prison, Harsool. 10. In the reply affidavit, it is the contention of the police officer that at about 9.30 p.m. of 17.1.2019 the deceased suffered from fits and so, Dr. Mushir Patel who was Medical Officer of Harsool prison was called for examining the deceased and for giving him treatment. 10. In the reply affidavit, it is the contention of the police officer that at about 9.30 p.m. of 17.1.2019 the deceased suffered from fits and so, Dr. Mushir Patel who was Medical Officer of Harsool prison was called for examining the deceased and for giving him treatment. He has contended that at about 1.30 hours of night between 17.1.2019 and 18.1.2019, the deceased again suffered from fits, but his condition became normal after the treatment. He has contended that on the morning of 18.1.2019 when all the prisoners were called for counting purpose and for taking breakfast, the deceased had come to that place and the deceased had taken breakfast also. It is contended that after drinking water the deceased fell all of a sudden and after that he was shifted to jail hospital. It is contended that he was then taken to Kalabhavan for his medical check up in front of committee of jail and there, he was again examined and screening was done. 11. In the reply affidavit, it is admitted that the petitioner, widow of deceased had come to jail on that day in the morning to see him. It is also admitted that deceased Yogesh was not in a position to walk. It is admitted that with the help of two wardens he was taken to the place prepared for meeting relatives and their, his wife met him. It is contended that after that meeting it was noticed that the deceased was lying on the ground and he was shouting, barking and spitting. It is contended that the condition of the deceased deteriorated and so, he was shifted to Government Hospital Aurangabad at about 1 p.m. It is contended that in Ghati Hospital experts from Orthopedic department and Psychiatric Department were called and he was kept under observation of Dr. Uddhav Khaire, but during treatment he died on 19.1.2019 at about 8.30 p.m. 12. It is contended in reply affidavit that Ghati Hospital sent M.L.C. to Harsool Police Station and on that basis, A.D. No. 2/2019 was registered. It is contended that post mortem was conducted on the dead body by pannel of four doctors and the incident of post mortem examination was video graphed. It is contended that the record of video shooting is collected by him and C.C.T.V. footage of jail is also collected by him. It is contended that post mortem was conducted on the dead body by pannel of four doctors and the incident of post mortem examination was video graphed. It is contended that the record of video shooting is collected by him and C.C.T.V. footage of jail is also collected by him. It is contended that on 20.1.2019 brother of the deceased namely Sachin Rathod gave report to police and on that basis crime came to be registered for offence punishable under section 302 r/w. 34 of I.P.C. 13. In reply affidavit, it is contended that during investigation statements of more than 30 prisoners from jail, guards, doctors and other staff members of jail were recorded. It is contended that the relevant record in respect of deceased was collected from the jail including the papers of treatment given by the doctors attached to the jail. It is contended that doctors who conducted post mortem have given opinion that the death took place due to head injury. It is contended that the record in respect of C.C.T.V. footage was sent to forensic laboratory at Kalina, Mumbai and it’s report was awaited for some time. 14. In reply affidavit, it is contended that some statements are to the effect that senior jail officer Mr. Ashish Gosawi assaulted the deceased. It is contended in reply affidavit that there are some statements showing that the deceased collapsed where other prisoners had gathered for breakfast. It is contended that the C.C.T.V. footage in respect of the spot where the deceased collapsed as per the version of few persons is not available as the C.C.T.V. fixed at that spot was not working at the relevant time. 15. Following injuries were found on the dead body. EXTERNAL INJURES :- 1. Abrasion present over left side of forehead, 3 cm above left eyebrow of size 0.5 cm x 0.5 cm with dark brownish scab. 2. Contusion present over left side of forehead, 2 cm above left eyebrow of size 2 cm x 2 cm, bluish purple in colour. 3. Abrasion present below left eye over malar region of size 1.5 cm x 1 cm directed downwards with dark brownish scab. 4. Abrasion present 1 cm below, injury no. 3, of size 0.7 cm x 0.2 cm with dark brownish scab. 5. Abrasion present over midline of upper lip of size 0.4 cm x 0.4 cm with dark brownish scab. 6. 4. Abrasion present 1 cm below, injury no. 3, of size 0.7 cm x 0.2 cm with dark brownish scab. 5. Abrasion present over midline of upper lip of size 0.4 cm x 0.4 cm with dark brownish scab. 6. Contusion present over inner side of lower lip of size 0.3 cm x 0.2 cm corresponding to right upper incisor teeth, bluish purple in colour. 7. Abrasion present over posterior aspect of left elbow of size 1 cm x 1.2 cm with dark brownish scab, surrounded by contusion of size 5 cm x 3.5 cm, faint violet in colour. 8. Multiple abrasions present over posterior aspect of elbow ranging in size 2.1 cm x 1 cm. to 0.5 cm x 0.5 cm with dark brownish scab. 9. Abrasion present over postero lateral aspect of left elbow, 8 cm below injury no. 8 of size 6 cm x 3.5 cm with dark brownish scab. 10. Abrasion present over back of left shoulder, of size 2 cm x 1 cm with dark brownish scab. 11. 5 pin head size abrasions present over lateral aspect of left hand at the base of little finger ranging from size 0.1 cm x 0.2 cm to 0.3 x 0.3 cm with dark brownish scab. 12. Abrasion present over lower third of left forearm of size 3.5 cm x 0.5 cm with dark brownish scab, surrounded by contusion of size 6 cm x 2.5 cm, faint violet in colour. 13. Abrasion present back of right shoulder of size 1.5 cm x 1 cm, with dark brownish scab. 14. Contusion present over posterior aspect of right elbow of size 2.5 cm x 2 cm, bluish purple in colour. 15. Contusion present over posterior aspect of right elbow of size 2.5 cm x 2 cm, bluish purple in colour. 16. Contusion present over postero lateral aspect of right elbow of size 2.5 cm x 1.5 cm, bluish purple in colour. 17. Contusion present over lower part of right arm of size 1 cm x 1 cm, bluish purple in colour. 18. Contusion present over right side of chest 4 cm from costal arch 6 cm from midline, of size 3 cm x 3 cm, bluish purple in colour. 19. Contusion present over right side of lower part of back of size 4 cm x 4 cm, bluish purple in colour. 20. 18. Contusion present over right side of chest 4 cm from costal arch 6 cm from midline, of size 3 cm x 3 cm, bluish purple in colour. 19. Contusion present over right side of lower part of back of size 4 cm x 4 cm, bluish purple in colour. 20. Abrasion present over right buttock of size 3 cm x 2.5 cm with dark brownish scab. 21. Abrasion present over medial side of right knee of size 2.5 cm x 1 cm with dark brownish scab. 22. Abrasion present over medial side of right knee of size 2.5 cm x 1 cm with dark brownish scab. 23. Abrasion present over medial side of right knee of size 0.5 cm x 0.5 cm with dark brownish scab. 24. Abrasion present over medial aspect of right ankle of size 0.6 cm x 0.3 cm with dark brownish scab. 25. Abrasion present over right leg 8 cm from medial malleolus of size 0.8 cm x 0.6 cm with dark brownish scab. 26. Two abrasions present over anterior aspect of left knee, intermittent, of size 3 cm x 3 cm and 3 cm x 1 cm, with dark brownish scab. 27. Abrasion present over lateral aspect of left knee of size 2 cm x 1 cm with dark brownish scab. 28. Abrasion present 1 cm lateral to injury no. 27, of size 1.5 cm. X 1 cm with dark brownish scab. 29. Abrasion present 6 cm below to injury No. 28, of size 1 cm x 1 cm with dark brownish scab. 30. Abrasion present over dorsal aspect of left little toe, of size 1 cm x 1 cm with dark brownish scab. Note – All the contusions were confirmed by giving incisions. Evidence of treatment in the form of - -Defibrillation mark present over left side of chest of size 10 cm x 6 cm, faint red in colour, suggestive of therapeutic intervention. -Defibrillation mark present over right side of chest of size 8 cm x 5 cm, faint red in colour, suggestive of therapeutic intervention. -Intravenous injection mark present over anterior aspect of middle one third of right forearm. Note – Multiple incisions were taken to rule out deep seated injuries on arms, forearms, palms, thighs, calf’s, soles, feet, back, buttocks. INTERNAL EXAMINATION :- 1. -Intravenous injection mark present over anterior aspect of middle one third of right forearm. Note – Multiple incisions were taken to rule out deep seated injuries on arms, forearms, palms, thighs, calf’s, soles, feet, back, buttocks. INTERNAL EXAMINATION :- 1. HEAD a. Scalp findings : -Under scalp hematoma present in frontal and high parietal region on both side of size 12 cm x 12 cm and maximum thickness 3 mm, dark blackish in colour. -Hematoma present in left temporal is muscle of size 7 cm x 4 cm dark blakish in colour. b. Skull : Linear non displaced fracture present over frontal bone in midline extending to saggital suture of length 12 cm, with irregular margins and infiltration of blood in fracture margins. Base of skull intact, no injuries seen. c. Meninges, meningeal spaces and cerebral vessels :- -Extradural hamatoma present corresponding to fracture line over frontal region and sagittal region of size 12 cm x 4 cm x 0.25 cm, dark blakish in colour. -Subarachnoid hemorrhage present over all over brain surface. d. Brain fndings and Wt: 1270 gms, congested, edematous. -Hemorrhagic contusion present over left temporal lobe 3 cm x 2 cm, dark red. -Evidence of blood present in left lateral ventricle. -Evidence softening of right frontal lobe present, become pulpy at places. e. Orbital, nasal and aural cavities – findings : Intact, no abnormality detected. 2. NECK -Mouth & Pharynx : Intact, no foreign body, Tongue -evidence of tongue bite present in left lateral border in middle part. -Teeth – 16/16, intact, no injury. -Larynx and vocal cords : Intact, no foreign body, mucosa congested. -Condition of neck tissue : Intact, no injury. -Thyroid and other cartilages conditions : Intact, no fracture. -Trachea : Intact, mucosa congested. 3. CHEST : - Ribs and chest wall :- Contusion to right chest wall as mentioned in external injuries, no evidence of fracture of ribs. - Oesophagus :-Intact. - Trachea & Bronchial Tree : Intact, mucosa congested. - Pleural Cavities :- Intact, No any abnormal collection. - Lungs findings & Weight :- Right – 405 gms. & Left – 425 gsm. - Both lungs :- Hypostasis present, lower lobes congested, edematous. Brownish fluid oozing from cut section. - Pericardial Sac : Intact, no abnormality detected. - Heart findings & weight Weight.- 255 grams, no abnormality detected in walls and musculature, coronaries are patent, no evidence of atherosclerosis. & Left – 425 gsm. - Both lungs :- Hypostasis present, lower lobes congested, edematous. Brownish fluid oozing from cut section. - Pericardial Sac : Intact, no abnormality detected. - Heart findings & weight Weight.- 255 grams, no abnormality detected in walls and musculature, coronaries are patent, no evidence of atherosclerosis. - Large blood vessels : Intact, contains blood and blood clots. 4. ABDOMEN : - Condition of abdominal wall :- Intact, no injury evident. - Peritoneum & Peritoneal cavity :- Intact, No evidence of any abnormal collection. - Stomach (wall condition, contents & smell) – Weight with contents – 630 grams. Bluish discoloration present externally on anterior and lower part when opened hemorrhages present in the wall at this area. Contains about 500 ml brownish fuid, no abnormal smell perceived, mucosa – swollen and hemorrhagic at places. - Small intestines including appendix – Intact, contains gases and semi-digested matter. - Large intestines & - Intact, contains gases and fecal matter. - Mesenteric vessels – Intact, no abnormality detected. - Liver including gall bladder – Wt. 1865 grams, Intact, enlarged with yellowish patches at places, firm in consistency. Gall Bladder is partly distended no evidence of calculi. - Spleen – Wt-130 grams. Intact. No injury. Congested. - Pancreas – Intact, unremarkable. - Kidneys finding & Wt. - Right – 130 grams. & Left- 135 grams. - Right and left kidney – Intact, no abnormality detected. - Bladder & Urethra – Intact. No injury, empty. - Pelvic cavity tissues – Intact. No injury. - Pelvic Bones – Intact. No injury. - Genital organs – Intact. No injury. 5. SPINAL COLUMN & SPINAL CORD (To be opened where indicated) Intact, no evidence of injury to paraspinous tissues, not opened. OPINION :- (i) Probable time since death (Keep all factors including observations at inquest) – As per hospital record – Date & Time of Death : 19/01/2019 at 8.30 pm. (ii) Cause & manner of death – The cause of death to the best of our knowledge and belief is - (a) Immediate cause - “Head Injury” (b) Due to – Manner of death – Unnatural. (c) Which of the injuries are antemortem/postmortem and duration if ante mortem-” 16. (ii) Cause & manner of death – The cause of death to the best of our knowledge and belief is - (a) Immediate cause - “Head Injury” (b) Due to – Manner of death – Unnatural. (c) Which of the injuries are antemortem/postmortem and duration if ante mortem-” 16. The opinion given by the four doctors who conducted post mortem shows that the death took place due to head injury and the head injury had caused fracture of skull and damage to the brain and such injury can be caused due to hard and blunt object if such object is hit on the head. There is such opinion on one side and on the other side, there is circumstance that at the relevant time C.C.T.V. which was fixed at the place where according to jail authority the deceased collapsed on that morning was not in working condition. This Court has noticed in many cases that when there is complaint of atrocities by police or the officers from jail, excuse is given that the C.C.T.V. system was not working at the relevant time. When poor persons and particularly the persons of such community are victims, every part of system which includes police and court need to be on guard as in such cases there are always attempts made to cover up the things. Such possibility need to be kept in mind by the Investigating Officer of the present matter also. As the relief of transfer of the investigation to other agency is not being considered, this Court is not going into the details or merits of contention about murder and fairness of investigation. 17. When there is medical opinion of aforesaid nature and the officers of the jail took the defence that the deceased was suffering from fits and on that morning he virtually collapsed after taking meals, the investigating agency ought to have made enquiry with the relatives of the deceased and neighbours of the deceased to ascertain as to whether the deceased was suffering from fits. It was not difficult for the investigating agency to make such enquiry and to collect the medical record of the treatment, if any, given to the deceased in respect of that physical problem or disease in the past. The papers do not show that such attempt was made by the present investigating agency. It was not difficult for the investigating agency to make such enquiry and to collect the medical record of the treatment, if any, given to the deceased in respect of that physical problem or disease in the past. The papers do not show that such attempt was made by the present investigating agency. When there is material of the present nature available to form opinion or for taking decision, ordinarily the matter needs to be taken to the Court and matter needs to be left with the Court to take decision on such issue raised in the matter. In any case, for the present purpose, this Court holds that the material is sufficient to infer that it was not natural death. The deceased died probably due to assault made on him and due to hitting of some hard and blunt object on his head. Thus, he died unnatural death in the jail. 18. The learned counsel for petitioner placed reliance on the observations made by the Apex Court in the case of Smt. Nilabati Behera @ Lalita Behera Vs. State of Orissa and Ors. Reported in 1993 CRI.L.J. 2899. The Apex Court has discussed the provisions of Articles 18, 19, and 21. The Apex Court has discussed the previous case of Rudal Shah vs. State of Bihar and Anr. reported as AIR 1983 SC 1086 and the Apex Court has laid down that in such cases when finding is reached about unnatural death in custody of the officers of the Government, compensation needs to be awarded by the Court. In the present matter, relevant facts are already quoted by this Court. In view of the facts of the present matter, this Court has no hesitation to hold that the compensation needs to be granted in favour of widow of the deceased and that will be for the family of the deceased and that will be as public law damages. 19. On the point of quantum of compensation, the relevant factors like the age of the deceased, occupation of the deceased can be considered. As per the papers like P.M. report, the age of the deceased was around 36 years. It is the contention of the petitioner that the age of the deceased was 29 years. She has given her own age as 26 years on the date of petition. As per the papers like P.M. report, the age of the deceased was around 36 years. It is the contention of the petitioner that the age of the deceased was 29 years. She has given her own age as 26 years on the date of petition. The deceased had started making construction of R.C.C. building for residential purpose. It shows that he was making sufficient income. It is contended in the petition that he was businessman, but no record in respect of his business is produced. The compensation of Rs.50 lakh is claimed. In police papers, occupation of deceased is mentioned as labour. In view of these circumstances and as the death took place in the year 2019, it can be presumed that the monthly income of deceased was certainly more than Rs.6,000/-. It can be said that he was spending more than Rs.5,000/- on his family. So, this Court holds that the amount of atleast Rs.8,00,000/- (Rupees eight lakh) needs to be given to the petitioner as compensation as public law damages. This Court holds that initially State will be liable to pay the amount and if the State desires, the State can fix the responsibility on the officers of the jail, who are responsible for the death of Yogesh and the Government can recover that amount from the said officers. In the present proceeding, the Superintendent of Jail is made party respondent. In the result, following order. ORDER (I) Petition is allowed. (II) Respondent State Government is hereby directed to pay amount of Rs.8,00,000/- (Rupees eight lakh) as compensation to the petitioner. (III) This amount needs to be deposited within 45 days from today in this Court. If the amount is not deposited in this Court within 45 days, the amount shall carry interest at the rate of 8% p.a. (IV) After depositing the amount with the Court, amount of Rs.2,00,000/- (Rupees two lakh) is to be given to the petitioner, widow of the deceased and remaining amount is to be kept in fixed deposit in her name initially for the period of three years. She is expected to use this amount for the dependents of the deceased including the children and parents of the deceased. (V) The State is at liberty to recover the amount from the officers on whom the State may fix the responsibility for the death of Yogesh. She is expected to use this amount for the dependents of the deceased including the children and parents of the deceased. (V) The State is at liberty to recover the amount from the officers on whom the State may fix the responsibility for the death of Yogesh. Rule is made absolute in those terms.