VIDYA VACHASPATI TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri S.P. Singh, learned counsel for the petitioner, learned A.G.A. for the State and perused the records.

(2.) This is a petition whereby the petitioners claim compensation from the respondents on account of death of Uma Pati Tripathi, the son of petitioner Vidya Vachaspati Tripathi, Smt. Sushila, the widow and Kumari Guddi, minor daughter of the deceased in police custody.

(3.) The facts giving arise to this petition are as under : The victim Uma Pati Tripathi was a graduate and he was employed as a teacher in Seth Kishori Lal Jalan Saraswati Shishu Mandir, Dagmapur, Mirzapur and was drawing Rs.1500/-per month. He was also earning Rs.2500/- per month towards private tuitions and was maintaining the petitioners / dependents. The misfortune of the petitioners began when the above-named victim was arrested on 13-2-1995 by the police near Septon Mill, Bhathua Chauraha, Mirzapur in connection with a case crime No. 109 of 1995 under Section 392 IPC registered on the instance of one Anil Narain Singh against three unknown persons relating to the robbery of Rs.20,000/-in his house and the injuries caused to his servant. The victim was kept in lock-up. It is alleged that he was humiliated and tortured by the police therein and in consequence he suffered injuries, that regarding his arrest, Shall Tripathi, the uncle of the victim sent a telegram to the D.I.G., Varanasi Range, Varanasi and also moved an application before the Chief Judicial Magistrate concerned for getting the injuries of the victim examined. By the order of the Court, he was medically examined. The doctor found four injuries on his person and prepared the injury report accordingly, a copy of which is appended as annexure-7 to the writ petition. The injuries made the condition of the victim serious, therefore, he was shifted to District Hospital on 18-2-1995 for better treatment, but he could not be saved and died of the Injuries at 7: 15. The postmortem on the body of the deceased was conducted. The doctor detected 13 injuries on his body and found that these injuries were responsible for his death, a copy of the postmortem examination report Is appended as annexure-8 to the writ petition. Since the deceased died of the Injuries, therefore, a criminal case in this regard was registered as case crime No. 125 of 1995 under Sections 304, 120-B IPC at the police station Katra, Mirzapur, a copy of the first information report is appended as annexure-6 to the writ petition. The magisterial enquiry regarding such death of the deceased was conducted by the City Magistrate, who submitted his report on 27-5-1997, a copy of the enquiry report is also appended as annexure-10 to the writ petition.