SOBHA ANIL LONDASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) BY the present petition, the petitioner seeks direction to the respondents for payment of compensation on account of alleged custodial death of her husband in the Central Jail at Bhandara. Initially the petition was also filed for direction to held enquiry in the matter of the death of her husband. However, the claim is now restricted to the compensation as it has come on record that the respondents have already filed criminal proceeding against one of the jail staff on account of the death of the husband of the petitioner.

(3.) IT is the case of the petitioner that one Anil Lqndase, the husband of the petitioner, was arrested by Tumsar Police Station for the offence of theft on 17-10-1999 and was sent to Central Jail, Bhandara and since then he continued to be in the said jail. During the trial, he was regularly produced before the Sessions Judge at Tumsar. He was physically fit and keeping good health. On 19-1-2000 on receipt of telegram from Superintendent of Central Jail, bhandara, it was revealed that he was admitted in the Government Hospital at Bhandara for treatment. As it was not possible to arrange the funds, the petitioner could not immediately contact her husband in Bhandara Hospital. However, she was able to contact him on 22-1-2000 and from the information furnished by her husband, it was revealed to the petitioner that five police personnel by name Babu-Dandegaonkar, Dhumare, Ashok Jadhao, Meshram and Chauhan Dadu engaged her husband for wrestling practice and in the process fractured his bones of waist and neck and as a result he was admitted in the hospital, and ultimately succumbed to his injuries. The petitioner's complaint to the police authorities yielded no result. Further by telegram dated 8-2-2000, the petitioner was informed about the death of her husband and, therefore, directed to take the custody of the dead body of her husband. Considering that the death of husband had occurred while he was in the custody and the petitioner having to maintain herself and her minor children, the petitioner claims compensation from the State Government to the extent of Rs. 3,00,000/ -.