KAKUDIBEN PENUBHAI VAHONIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by wife of deceased Penubhai Panglabhai Vahoniya who died in police lock up on 10.9.2005. It is her case that her husband died due to police beating and that investigation into the said allegations should be handed over to independent agency. She has also prayed for compensation for the unnatural death of her husband in the police custody.

(2.) Briefly stated facts leading to the petition are as follows :

(3.) Having heard learned advocates for the parties and having perused the affidavits and other documents on record, I find no substance in the grievance of the petitioner that her husband died due to police beating. A thorough magisterial inquiry was conducted to inquire into unnatural death of husband of the petitioner. Statements of police personal and other persons who would be in know of the things were recorded. There is no evidence whatsoever to suggest that the deceased died on account of police beating. Inquest report, postmortem report and statements of doctors clearly establish these facts. Firstly, upon inquest, no serious bodily injuries were noticed. In the postmortem report as well as in statements, doctors have clearly indicated that the death was on account of hanging. Postmortem report does not indicate any other specific injuries except around the neck which would be the obvious result of hanging. Minor abrasions and bruises can be easily attributed to the process of deceased tying himself with the iron rods and thereafter hanging himself. There is thus no evidence whatsoever of the deceased having succumbed to the injuries caused by police beating in the lock-up.