KANTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ravi Kiran Jain, learned Senior Advocate assisted by Shri Surendra Tewari, Advocate for the petitioners, learned Government Advocate Mr. D.R.Chauhary, for the respondents and perused the record.

(2.) The brief fact of this case is that on 20.6.2000 the Panchayat Election was being held in the Gram Panchayat, Chhaisa, Tehsil Dadra, District Gautambudh Nagar. When the villagers were standing in queue, at the booth, for costing their votes, during that time some disturbance was created and by order of the Magistrate, police personnel, posted there, resorted Lathi charge and also fired four rounds. According to the First Information Report lodged by the petitioner No. 3, police personnel, just to close the voting, were pressurising the villagers, to leave the place and when the objection was raised by the villagers, police personnel, led by Circle Officer Kripal Singh, resorted Lathi charge and fired which hit Satpal Singh, father of the first informant Surendra Singh, petitioner No. 3 and Ramanand Sharma, husband of the petitioner No. 1. The petitioner No. 1 is widow of deceased Ramanand Sharma, r/o village Khairpur, P.S. Pilkhuwa and petitioner No. 2 is widow and 3 is son of deceased Satpal Singh, r/o of Village and Post Chhaisa, PS. Jarcha, District Gautam Budha Nagar. Some other persons also received firearm injuries. The husband of the petitioner Nos. 1 and 2 expired on the spot due to firearm injuries. Voting was also closed and forged signatures were obtained. Subsequently due to shock, Sikander, one of the son of deceased Satpal expired on 5.7.2000. The occurrence took place at 4.00 p.m. The First Information Report was lodged and registered as Case Crime No. 74/2000 under Sections 302, 323 I.P.C. at PS. Jarcha, Gautam Budh Nagar.

(3.) After investigation the Dy. S.P., Kripal Singh and Police Constable Jai Bhagwan were found guilty and for sanction of prosecution the report was sent to the State Government. Inspite of repeated reminder the sanction was not granted by the State Government hence petition was filed. The direction was also issued for Magisterial enquiry and C.D.O. Gautam Budh, Nagar inquired the matter. According to the inquiry report the negligence was found on part of the police personnel. The District Magistrate, Gautam Budh Nagar after considering the fact and circumstances and condition of the family of the deceased, recommended the matter to the State Government, for payment of Rs. 10 lacs to each family of the deceased, as a financial assistance, vide letter dated 21.6.2000 addressed to the Secretary to the Chief Minister, the State of U.P., Lucknow. It was submitted on behalf of the petitioners that only Rs. 20,000/- was sanctioned to pay to the family of the deceased. Inspite of reminders, the State Government did not pass any order for payment as recommended by the District Magistrate.