SAMUTHRAVEL Vs. M GURUVAMMAL

JUDGEMENT

(1.) Being aggrieved by the order in W.P.No.12814 of 2001 (03.10.2001) directing the State to recover the compensation amount of Rs.2,50,000/- awarded for custodial death of one Muthusamy to be recovered from the then Sub-Inspector of Police and Constables attached with Seithur Police Station in equal moieties from their salary, the police constables have filed W.A.No.3689 of 2002 and the Sub-Inspector of Police has filed W.A.No.SR101292 of 2010. Since both the appeals arise out of the same order, both the W.A.No.3689 of 2002 and W.A.No.SR101292 of 2010 were heard together and disposed of by this common judgment. For convenience, the parties are referred as per their array in W.A.No.3689 of 2002.

(2.) On 23.12.1989, one Muthusamy, the husband of 1st Respondent, father of Respondents 2 and 3 and son of Respondents 4 and 5 was picked up by the 8th Respondent-Ravichandran (who was then Sub-Inspector of Police) and Appellants (who were then Constables of Seithur Police Station) under the pretext of questioning him in connection with the investigation into an offence. Muthusamy was tortured by 8th Respondent-S.I. of Police and Appellants and was confined in the police station for more than 24 hours without even producing him before the Judicial Magistrate concerned. On 2.1.1990 at about 7.00 a.m., the 1st Respondent was informed that her husband's body was found hanging on a tree in a nearby forest. On enquiry the 1st Respondent came to know that her husband was beaten to death in the police station on 30.12.1989 itself and the body was hanged on the tree by the police. Hence, 1st Respondent and her children and in-laws of deceased Muthusamy approached the Court by filing Writ Petition, seeking for a direction to the State to pay compensation of Rs.2,50,000/-.

(3.) Upon consideration, learned single Judge held that at the time of occurrence deceased Muthusamy was aged 27 years and was not a weak minded person and therefore could not committed suicide. After referring to the post-mortem certificate and the injuries found on the body and that Muthusamy could not have committed suicide, the learned single Judge allowed the Writ Petition with a direction to the 6th Respondent-State to pay Rs.2,50,000/- with interest at the rate of 6% per annum from 01.01.1990 and also awarded cost of Rs.6,000/- to the Respondents 1 to 5. Learned single Judge directed the 6th Respondent-State to recover the amount of compensation of Rs.2,50,000/- in equal moieties from the Appellants and the 8th Respondent.