PALANIAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE husband of the petitioner, late M.Ganesan was employed as a lorry driver, who purchased a lorry for his own in September, 1996. Normally, the lorry of the petitioner's husband was engaged by M/s.Venkateswara Paper Mills, Madathukulam at Udumalpet for transporting its paper load. THE case of the petitioner is that on 13.06.1997, when her husband returned to the house in the lorry after unloading the paper the lorry met with an accident with a Corporation bus belonging to the Cheran Transport Corporation, near Khaikatti in Jamin Uthukuli Village. THEre was some wordy quarrel between the husband of the petitioner and the bus driver and the bus as well as the lorry were abandoned in the spot. On a complaint being given by the driver of the bus belonging to Cheran Transport Corporation in Pollachi West Police Station, Pollachi, the Sub-Inspector of Police, examined on the spot and directed the lorry be taken to the police station, which was questioned by the petitioner's husband. THE Sub-Inspector took the petitioner's husband to the police station and he was beaten severely by the Sub-Inspector and a Police Constable and a case was registered in Crime No.489/97 under Sections 279, 294, 294(b), 506/2 of IPC read with Section 185 of the Motor Vehicles Act.

(2.) THE case of the petitioner is that her husband was arrested and put in the lock-up on 13.06.1997 night and he was beaten up by the Sub-Inspector and Police Constable. On the next day, i.e. on 14.06.1997, the Police personnel went to the lock-up for taking him for remand. It was found that the petitioner's husband was unconscious without any movement. He was taken to the General Hospital, Pollachi and on the advice of the Doctor, police took him to Coimbatore Medical College Hospital, Coimbatore, wherein he was admitted at about 12.00 noon on 14.06.1997. THE police has not informed as to the whereabouts of the petitioner's husband. THE petitioner was waiting in the Court Complex till 5.00 pm and the petitioner's husband was not produced before the Court. At about 5.00 PM, a policeman came to the Court and took the petitioner to Pollachi West Police Station, where it was informed that, petitioner's husband was admitted in the Coimbatore Medical College Hospital, Coimbatore. When the petitioner went to the hospital, her husband has not opened his eyes and ultimately, he died on 20.06.1997, without regaining his consciousness.

(3.) IN the counter affidavit filed on behalf of the respondents, the accident which took place on 13.06.1997 has been admitted and it has also been admitted that on the complaint from the driver of Cheran Transport Corporation, one Vellingiri, a case was registered against the petitioner's husband. It is also admitted that during the time of enquiry by the Head Constable one K.Subramaniam, there was exchange of words and blows which led to the intervention of the Sub-INspector, B.Kalitheerthan at 7.00 PM on 13.06.1997. It is admitted that after holding enquiry, the Sub-INspector took the petitioner's husband into custody and brought him to the police station at 8.45 PM. Further, it is stated that the petitioner's husband has consumed liquor and therefore, he was referred to Government Hospital, Pollachi and drunkenness certificate was obtained.