RAJALAKSHMI Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) Special leave is grounted.

(2.) The husband of the appellant died while he was in police custody. According to the police it was a case of suicide which the appellant disputes. She filed a writ petition before the High court praying for a direction for investigation by the central Bureau of Investigation and claiming compensation. The writ petition was dismissed by a learned Single Judge and the petitioner filed an appeal which was heard and disposed of by a division bench by the impugned judgment, by directing an independent inquiry to be made by the Union Territory of Pondicherry, respondent 1. No further relief was granted.

(3.) By an affidavit sworn by the Superintendent of Police, pondicherry and filed on behalf of the State, it is asserted that the deceased husband of the appellant had committed suicide by hanging andneither the State nor any of its officers can be held responsible. However, it appears that the doctor conducting the post-mortem examination rejected the theory of death by hanging on the ground of absence of an injury mark on the neck of the deceased. The respondents have attempted to challenge the medical opinion and have relied on Modi's book on Medical Jurisprudence.