SUNITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is the unfortunate mother of a 23 years old young person, who died for alleged police atrocities, more particularly present respondent Nos.4 and 5. Hence, she has filed the present writ petition for the directions to respondent Nos.1 to 3 and more particularly respondent Nos.4 and 5 to pay amount of compensation of Rs.40,00,000/- to her jointly and severally and also seeks further directions to recover the said amount from respondent Nos.4 and 5. She has also prayed for the disciplinary action against respondent Nos.4 and 5.

(2.) It will not be out of place to mention here itself that deceased Pradip Kalyan Kute was married to one Sunanda, however, from the death certificate issued by Songiri Grampanchayat, Tq. Bhoom, Dist. Osmanabad, of which true copy has been produced at Exh."A", Sunanda expired on 21.06.2020.

(3.) The factual matrix giving rise to the present petition are that the petitioner, her son Pradip and his wife Sunita were the sugarcane harvesters and labours. For the crushing season of 2018-2019 they had gone to Babanraoji Shinde Sugar and Allied Industries, Turk Pimpri, Tq. Barshi, Dist. Solapur. Pradip was the owner of Tractor and Trolley, so also, he was the driver. In pursuant to agreement executed with the Sugar Industries, deceased Pradip was transporting sugarcane from his tractor on 04.11.2018. He was along with petitioner, wife Sunanda and cousin brother Bhimrao Kute. When their tractor was proceeding from Narkhed area, they were proceeding from Police Station Out Post of village Manegaon, Tq. Madha, Dist. Solapur. It was around 3.30 p.m. and their tractor was intercepted by Police Head Constable Mr. Kumbhar and Mr. Kshirsagar i.e. respondent Nos.4 and 5 and two other persons and they started assaulting Pradip on the count that as to why he has played tape recorder in the tractor. He was severely beaten though the other persons tried to rescue, as a result of which Pradip expired on the spot. His marriage with Sunanda was performed about 4 months prior to the said date. Police had taken Pradip in vehicle to Madha Hospital, where he was declared dead.