LILA KAUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is wife of one Livarsing Tejsing who died an unnatural death while in police custody. Husband of the peti-tioner was arrested in connection with C.R. No. 296/02 filed before Ankleshwar Police Station alleging offence punishable under Section 399 of the IPC read with Section 25(1) of the Arms Act.

(2.) The accused was brought before the po-lice station through a transfer warrant since he was in custody in connection with another case bearing C.R. No. 111/02 pursuant to the order dated 21st May, 2003 passed by the Judicial Magistrate, First Class, Surat. The accused was found dead in police custody on 25.5.2003. It is the case of the petitioner that the accused died due to police excess. The petitioner has, there-fore, prayed for transfer of investigation to CBI and also for compensation of Rs. 5,00,000.

(3.) On the other hand, case of the respon-dents is that after being brought before the Ankleshwar police station, husband of the peti-tioner was taken in remand for five days per-mitted by the learned Magistrate. On 25th May, 2003 in the early hours, he was found hanging in the toilet of the police station where he was kept along with other accused persons.