PARVATHAMMA Vs. CHIEF SEC RETARY

JUDGEMENT

(1.) The petitioner is the wife of one Chennaiah, and it is not in dispute the said Chennaiah died in Subramanyanagar Police Station on 18-5 -1988 while in police custody. The petitioner has two female minor children and one male minor child. According to the petitioner, her husband Chennaiah (hereinafter referred to as the deceased) was arrested by the Subramanyanagar Police sometime prior to 18-5-1988 on the allegation that he committed theft of an autorickshaw in Cr. No. 160/88 and while he was in police custody he died on account of police atrocities on 18-5-1988. The petitioner having failed to get any relief from the respondents, has filed the above writ petition for issue of a writ of mandamus directing the respondents to pay compensation of rupees two lakhs and for providing a job to the petitioner as also for further direction to refer the matter to the C.B.I. for investigation.

(2.) As the matter was contested before this Court and it was alleged by the respondents that the de ceased died on account of suicide while in police custody or 18-5-1988, the Principal Sessions Judge, Bangalore, was directed by this Court to nominate one of the Chief Metropolitan Magistrates to hold an enquiry into the matter and report as to whether the deceased had died on account of the police excesses and if so to assess the damages payable to the petitioner.

(3.) The enquiry was conducted by the Chief Metropolitan Magistrate, Bangalore, and after ex amining the witnesses and hearing the submissions of the counsel, the learned Magistrate submitted his report dated 9-5-1995. The finding of the report was that the deceased died by committing suicide. The learned Magistrate also found that the deceased cut off a wollen rug into a long piece and hanged himself. He also further held that in view of this, the family of the deceased was not entitled to any damages. It is this report of the learned Magistrate that is in challenge before us.