LAWS(UTN)-2018-7-84

KALAWATI RAWAT Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On July 24, 2018
Kalawati Rawat Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking following relief:-

(2.) Brief facts of the case are that the husband of the petitioner late Prakash Singh Rawat was posted as a Forest Watcher in the State Forest Department. He was working as contractual employee. In the year 2011 there was some dispute between husband of the petitioner and another villager, who lodged a case under Section 324 of IPC. During the pendency of the criminal appeal number 66 of 2014, warrant was issued against the husband of the petitioner, who was arrested and produced before the Magistrate concerned. He was sent to jail on 21.08.2014. Petitioner was informed on 208.2014 that her husband who was in the prison has fallen sick and was hospitalized in Base Hospital Haldwani. Petitioner rushed to the hospital alongwith her father-in-law and brother-in-law and found that her husband has already died. She found several injuries on the dead body of the deceased. The complaint was lodged by her on alleged suspicious custodial torture in imprisonment. FIR under Section 302 of IPC against unknown person was lodged, which was registered FIR/ Case Crime No.460 of 2014.

(3.) After investigation, the Investigating Officer submitted a final report on 05.01.2015 stating therein that the death of husband of the petitioner is natural. The post mortem report of the deceased has been annexed with the petition, which depicts following injuries on the body of the deceased:-