BABURAO Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent. The petitioner prays for following reliefs:

(2.) The petitioner contends that consequent to the registration of Crime No. 56/2012 in the Police Station Aundha, Taluka Aundha Nagnath, District Hingoli for an offence punishable section 306 read with section 34 of the Indian Penal Code, his deceased son-Rajesh Baburao Kendre was arrested by police. The crime was registered on 1-9-2012. The son of the petitioner was arrested on 2-9-2012 at 9.00 am. He was produced before the Judicial Magistrate at 7.30 p.m. The Magistrate granted two days police custody. The petitioner alleges that between the night of 2-9-2012 and 3-9-2012 when the son of the petitioner was in police custody the police tortured the son of the petitioner and the other accused persons. His son was assaulted by the police with stick. The petitioner's son informed the police that he was suffering from blood pressure and heart disease. But still the police continued to assault and ill-treat him. It is alleged that petitioner's son suffered minor heart attack at about 9.00 to 9.30 p.m. He became unconscious and thereafter the police took him to hospital at Aundha. As there was no facility for treatment the police shifted him to Civil Hospital at Hingoli at 10.30 p.m. The doctor at the Civil Hospital advised the police to admit the son of the petitioner in Government Hospital, Nanded. The police had taken the deceased Rajesh to Nanded via Aundha in a police jeep. There was delay in taking the deceased to the hospital at Nanded due to which the condition of the deceased Rajesh got worsened. The police instead of taking a short route spent unnecessary time which further deteriorated the condition of the deceased Rajesh. The deceased Rajesh was provided with medical treatment no sooner he was admitted in the Civil Hospital at Nanded at about 2.00 a.m. During treatment he died at 5.30 a.m. The cause of death was mentioned by the doctor as heart attack. Post mortem was conducted on 3-9-2012 between 4.15 p.m. and 6.15 p.m.

(3.) The learned counsel for the petitioner submitted that the son of the petitioner was a young boy of 26 years. He was having interests in social work. He was active worker of Shiv Sena party in Aundha Taluka. He was Taluka President of Maharashtra Navnirman Sena. He had a bright career. After the death of the son of the petitioner, the family became helpless as there is nobody to look after them. According to the learned counsel for the petitioner, the son of the petitioner was in police custody. The death was caused due to negligence of police and therefore adequate compensation is required to be granted.