STATE OF HARYANA Vs. BALA DEVI

JUDGEMENT

(1.) RESPONDENT's husband, Randhir Singh, was an accused in a criminal case. He was remanded to judicial custody on 25/10/1999 till 5/11/1999. The remand was thereafter extended. While in judicial custody, he was ill and died on 14/11/1999.

(2.) THE respondent filed a petition under Section 482 Cr. P. C. in the Punjab and haryana High Court alleging that her husband's death at Central Jail, Ambala was under suspicious circumstances and sought a direction to the State and its authorities to register an FIR against the erring Jail officials for causing her husband's death. She also sought award of adequate compensation. The High Court allowed the petition by its judgment dated 3/4/2002. It recorded a finding that the deceased Randhir Singh was suffering from heart disease, that due to a wrong diagnosis, he was treated for tuberculosis and as a consequence he died due to heart disease. The High Court held that the above amounted to criminal egligence on the part of the prison officials. The High Court was also of the view that there was some attempt to cover up by the prison officials. Consequently, the high Court awarded a sum of Rupees Two lakhs as compensation to the widow and her minor children.

(3.) THE deceased was in judicial custody for hardly three weeks. We are of the view that mere wrong diagnosis and wrong treatment during the period when the deceased was in judicial custody cannot be considered as a criminal negligence on the part of the jail authorities. The deceased had been referred for medical check-up and treatment at a reputed hospital. He was given the advised treatment. If ultimately he died and it is thereafter found that he died of heart disease, it cannot be said that there was criminal negligence on the part of the Jail authorities. The finding of the High Court cannot be sustained.