UOI Vs. SAPNA TYAGI

JUDGEMENT

(1.) THIS appeal is directed against the decision of the learned Single Judge of this Court in W.P.(Crl.) 243/2006 delivered on 25.05.2009 whereby a learned Single Judge allowed the writ petition partly and directed the respondent (appellant herein) to pay Rs.10,00,000.00 (Rupees Ten Lakhs) as damages/compensation to the respondent herein within three months from the passing of the said order.

(2.) THE case of the respondent before the learned Single Judge was that her husband late Shri Ajay Kumar was enrolled as a Sapper/CAJ in the Indian Army and was placed in 101 Engineer Regiment C/o 56 APO and was posted at Baramula in October, 2000. At that point of time, it is alleged by the appellant herein that the respondent's husband committed suicide on 06.09.2001 by hanging himself with some ligature material. According to the respondent it was not a case of suicide but was a case of murder, which has not been investigated at all. We may point out at this stage itself that the respondent has filed another writ petition being W.P.(Crl.) 1837/2010 wherein the prayer for investigation has been made and the said writ petition is pending before a learned Single Judge of this Court.

(3.) PRIMA facie we are unable to understand as to how the removal of the left kidney by the appellants, even if it is assumed to be correct, would in any way alter the case in favour of the respondent. This is so because there are no external injuries other than the ligature mark present on the body of the deceased Ajay Kumar. Neither of the two post-mortem reports indicate any other external injuries other than the ligature mark and the mark with regard to the stitching up of the body after conducting the post-mortem examinations.