BHOPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. Initially the present criminal miscellaneous writ petition was filed by Bhopal Singh son of Jile Singh resident of Village Ghasipur, Police Station Mansoorpur, District Muzaffarnagar, but he died on 13-3- 1998. Smt. Shobha wife of Bhopal Singh has been substituted on his place and now she is the petitioner therein.

(2.) COUNTER-affidavit and rejoinder affidavit are on record.

(3.) THE doctor could not determine the cause of death of the deceased and preserved the viscera. THE viscera was sent for chemical analysis and the chemical examiner report dated 19-12- 1996 indicates the presence of Alcoholic Poison. THE chemical examiner report is C. A.-II. Bhopal Singh, the father of the deceased made an application dated 17-9-1996 to the Superintendent of Police, Muzaffarnagar and copies to His Excellency the Governor of U. P. , D. I. G. and I. G. , Meerut, District Magistrate, Muzaffarnagar for lodging the report in regard to the death of his son, Annexure-4 is the copy of the application. THE facts further reveal that an inquiry in regard to his death was conducted by Ajay Rautela, the Circle Officer, Nagar Police, Muzaffarnagar. THE inquiry report dated 17-3-1997 (C. A. II) reveals that the deceased had suffered injuries at the hands of the public at the time of his being apprehended, that he had suffered some internal injuries as a result he had died but has also referred the viscera report to have died of Alcoholic poison.