JYOTSNABEN MACHHI Vs. STATE OF GUJARAT AND ORS

JUDGEMENT

(1.) This Special Criminal Application under Article 226 of the Constitution of India has been filed by the petitioner seeking compensation to the petitioner on account of custodial death of the petitioner's son Prakashbhai Dhansukhbhai Machhi who expired on 13.8.2005 in police custody.

(2.) The petitioner's son, Prakashbhai Dhansukhbhai Machhi came to be arrested by the police of Kevadia police station for committing offence under sections 66 (1)(b) and 85 (1)(i)(b) of the Bombay Prohibition Act on the basis of a written complaint given by the petitioner. A case being CR No. III 146 of 2005 was registered on 13.8.2005. Investigation of the said case was carried out by one Shankerbhai Bhimabhai, Assistant Sub Inspector of Kevadia police station. It is alleged that deceased Prakashbhai was put in police lock-up after medical check-up at about 1.30 a.m. and at about 15 am on 13.8.2005 when the Assistant Sub-Inspector went to enquire whether the deceased needed water, he found Prakashbhai dead by hanging himself with his shirt. Shankerbhai Bhimabhai immediately made a report and took statement of one Zinabhai Jesingbhai who was on duty at that time. Inquest panchnama was drawn and post mortem was also carried out. According to the petitioner, the deceased was subjected to mental and physical torture which led to the alleged incident of custodial death. That the deceased had died in police custody in mysterious circumstances and the responsibility of the death is prima facie, traceable to the act of mental harassment and torture by the police. Therefore, it is prayed that suitable compensation be paid to the petitioner and the investigation be entrusted to the Central Bureau of Investigation.

(3.) Heard the learned Advocate for the petitioner and the learned APP for the State.