GANESHI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel appearing for the petitioner submits that on the basis of first information report lodged by one L.P. Patel, in respect of offence under Section 25 of the Arms Act, bearing Crime No. 206 of 2005, the police arrested the husband of the petitioner. Thereafter, the husband of the petitioner was produced before the Court, where his bail application was rejected and he was sent to the Central Jail, Bilaspur.

(3.) According to the petitioner, while the respondents No.3 & 4 i.e. police personnel were taking the husband of the petitioner by motorcycle, the said motorcycle dashed against one truck, as a result of which the husband of the petitioner died. Shri Pandey submits that thereafter the magisterial enquiry was conducted, however no action has been taken against the erring police personnel. Shri Pandey further submits that after the accident, the police have not taken any action to trace out the whereabouts of the truck. From the said fact, it is crystal clear that no accident has taken place and Yashwant Satnami died on account of assault and atrocities perpetrated by the police personnel.The petitioner was fully dependent upon the income of the deceased and she was aged about 25 years and also having two small children of tender age. On account of death of Yashwant Satnami, the petitioner, her children and the parents of the deceased are facing lot of financial difficulties. Therefore, the respondent authorities may be directed to make payment of compensation to the tune of Rs.10,00,000/-.