DHANNO Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioner claims compensation of Rs. 4,00,000/- and allotment of a flat. The facts giving rise to the present petition lie in a narrow compass.

(2.) The petitioner's husband Madan Lal was convicted and sentenced to undergo rigorous imprisonment for a period of five years under Section 304, IPC. As a consequence of his conviction, Madan Lal was incarcerated in Tihar Jail. It is not disputed on either side that on completion of his sentence he was to be released from jail on 16/04/1981. The fate, however, had something else in store for him. Between 12/04/1981 and 15/04/1981 while he was in custody at Tihar Jail he sustained injuries as a result of severe beating administered to him by some employees of the jail, who are said to be S/Shri Shiv Kumar, Mudrika, Prem Bahadur, Kadam Singh, Yogesh Tyagi and Virender. On 16/04/1981, on the day he was to be released from jail, he succumbed to his injuries. A FIR was registered against the aforesaid persons on 19/04/1981. The investigation in the matter led to the filing of challan against them for commission of offences under Section 302 / 34, IPC.

(3.) The Trial Court, however, came to the conclusion that there was no evidence worth the name connecting the accused persons with the crime. Accordingly, they were acquitted.