(1.) The petitioner has come up with a prayer to command the respondents to pay a sum of Rs. 5 Laks as compensation on account of her husband's custodial death.
(2.) A portrayal of relevant facts are in a narrow campus. On 12/04/1994 Duli Chandra, aged about 42 years and the sole earning member of his family, and a scheduled caste having his wife the petitioner and four sons Kamlesh, Lal Babu,, Shyam Babu and Gyan Chandra, went to Police Station Girwan, Banda to lodge an Information against his co-villager Budhwa in regard to some land dispute which had taken on that very day. Far from registering the First Information he was severely beaten by Ram Vraksh Singh Yadav, the Station House Officer of Police Station Girwan and Subedar Pal, the Head Constable respectively as a result of which he became unconscious and was thrown out of the Police Station. When his condition detriorated he was taken to the hospital at Barokhar. The petitioner's eldest son Kamlesh Kumar after coming to know aforementioned facts lodged a First Information Report on 13/04/1994 (copy appended as Annexure-1). On 14/04/1994 Duli Chandra succumbed to his injuries. On 15/04/1994 Post Martem was carried out and a report (Annexure 4) was prepared from a bare perusal of which it would be abundantly clear that he had died due to injuries on his head resulted due to beating by the Police. An investigation was conducted by the C.B.I. in relation to the First Information Report dated 13/04/1994. Thereafter notification dated 14/06/1996 (as contained in Annexure-2) was made granting sanction by the Governor of Uttar Pradesh under Section 197 read with Section 45 of the Code of Criminal Procedure to prosecute and arrest them. On 25/03/1997 charge-sheet was submitted. Till date the S.H.O. concerned is absconding and could not be arrested by the Police as a result of which the trial, which has started, is still pending. The petitioner tried from pillar to post to get some economic assistance/compensation but of no avail. Further, two representations were also made by her eldest son, as contained in Annexure Nos. 5 and 6, but no orders have been passed. A representation made by the eldest son on 18/01/1997 (as contained in Annexure-7) to the Chief Minister was also of no avail. Keeping in view the size of the family and the high time of the period at least a sum of Rs. 5 lakhs be given to the family.
(3.) A Counter Affidavit has been filed on behalf of Respondent No. 2, the Senior Superintendent of Police, Banda. This Counter Affidavit has been sworn by the Circle Officer, Naraini, Banda. It has been asserted therein as follows - At 12.30 P.M. of 12/03/1994 Budhwa had got registered in P.S. Girwan N.C.R. No. 32/94 under Sections 323/504 IPC against Duli Chandra and Smt. Chandania (petitioner herein) and that at 12.45 P.M. on that very day the deceased Duli Chandra had also got registered N.C.R. No. 33/94 (copy appended as Annexure 1) under Sections 323/504 IPC against Budhwa and his sons Tejva and Lakshmi; So far as torture of Duli Chandra by the then S.H.O. is concerned Crime Case No. 116/94 under Sections 304/218/193/201 IPC was registered and investigation by the C.B.C.I.D. offences under Sections 304/218/193/201 IPC and Section 3 (1) S.C.S.T. Act has been found to have been established(proved) after establishment of the crime, charge-sheet was forwarded, which is still pending; the S.H.O. concerned was also suspended and whose arrest is being vigorously persued, it is a fact that Duli Chandra had died on account of head injury, but not in Police custody and the question as to why and how the injury was sustained is sub judice in Court; pursuant to the Government Order on 18/04/1994, Cheque No. 117363 of Rs. 10,000.00 was handed over by the District Magistrate to the petitioner by way of compensation; two of the sons, namely, Kamlesh and Lal Babu are adult, who are competent to maintain themselves by doing labour; the compensation has been demanded by inflating it which is illegal, improper, unpracticable and unjustified and that the petitioner is not entitled to the reliefs prayed for under Article 226 of the Constitution of India; her writ petition, being baseless, is liable to be dismissed.