KISHORI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Shashi Kumar Mishra, learned counsel for the petitioner and Ms. Shruti Malviya, learned brief holder appearing for the State- respondents.

(2.) The petition is filed under Article 226 of the Constitution of India with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to pay Rs.4,00,000.00 to the petitioner in view of the Government notification dtd. 2/8/2018 and the government order dtd. 8/7/2021.

(3.) The background fact of the matter is that on 23/8/2019, wife of the petitioner, Smt. Raj Kumari, while working in an agricultural field got snake bite and resultantly died. Subsequently, in this regard, General Diary entry bearing No. 015 dtd. 24/8/2019 was recorded by the police, wherein it was written that the deceased had died due to snake bite. On the same day, inquest report was prepared, and the statements of the witnesses got recorded, which indicated that the death had occurred due to snake bite. The postmortem examination of the deceased was also conducted on 24/8/2019, however, the postmortem report did not conclude the cause of death as such and recorded that the cause of death could not be ascertained. Consequently, the viscera of the deceased was preserved and handed over to authorities for examination.