KAMALBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Petition, under Article 226 of the Constitution of India, the petitioner is seeking directions to the Respondent Nos. 2 and 3 to register an offence punishable under Section 302 of I.P. Code against the Respondent No. 4 on account of custodial death of Shivaji Laxman Garad and also seeking directions to the Respondent Nos. 1 to 4 to pay compensation of Rs. 15 Lacks to the petitioner.

(2.) IT is the case of the petitioner that, the petitioner has 4 sons and 3 daughters, out of which two sons namely Arjun and Shivaji and one daughter namely Chandrakala were married. The petitioner's husband was habitual drinker. The family of the petitioner is joint family. It is the case of the petitioner that, on 18.02.2006, the offence bearing Crime No. 23/2006 came to be registered at Police Station, Parali Vaijnath (Rural) against the son of the petitioner namely Shivaji Laxman Garad on the basis of the complaint lodged by her another son namely Maroti Laxman Garad, thereby alleging that, on 18.02.2006 at about 8.30 p.m. in the night, their father Laxman came in drunken position and started abusing the present petitioner and Shivaji by saying that, the wife of Shivaji is not behaving properly. It is further alleged that, on account of the said abuses Shivaji got annoyed and gave one axe blow on the left leg of their father Laxman and went inside the room. It is further alleged that, while they were taking their father to Hospital, their father Laxman died before reaching the hospital.

(3.) THE learned Additional Public Prosecutor appearing for the State relying upon the affidavit in reply filed on behalf of Respondent No. 2 and the copies of the enquiry papers submits that, the First Information Report was lodged on 18.02.2006 by Maroti Laxman Garad, R/o. Tokwadi, Tq. Parli, Dist. Beed, alleging that his father Laxman Garad has abused his brother Shivaji and his mother. His father alleged to brother Shivaji that, his wife is not behaving properly and due to that quarrel took place at about 7.30 p.m. on 18.02.2006. Shivaji assaulted his father Laxman by giving axe blow because of which he died. On the basis of the said complaint crime no. 23/2006 was registered under section 302 of the I.P. Code against Shivaji Laxman Garad and investigation of the crime was handed over to C.L. Savle, API. He had arrested accused on 18.02.2006 at 23.15 hours and accused was kept in the lock up at City Police Station, Parli. He died on 20.02.2006 at 10.20 a.m. at Civil Hospital, Parli. As he had made complaint of sudden uneasiness he was taken to Civil Hospital, Parali. It is submitted that, inquiry into the death of accused Shivaji is conducted by Deputy Superintendent of Police CID Crimes, Beed and he has submitted his report to Taluka Executive Magistrate on 27.04.2006. In the said report he has submitted that, deceased Shivaji suffered natural death due to illness and he did not find any commission of offence. The Deputy Superintendent of Police, therefore, prayed for sanction of summary. It is submitted that, thereafter the A.D. No. 9/2006 under Section 174 of Cr.P.C. was registered at Parli City Police Station. The Deputy Superintendent of CID Crimes had conducted detail inquiry about the death of deceased Shivaji and he also found that, there is no offence made out and the death is natural due to illness and hence submitted summary to the Taluka Executive Magistrate. The Taluka Executive Magistrate has sanctioned Summary No. 1/2007 on 03.07.2007. It is therefore submitted that, in view of the inquiry conducted by the Deputy Superintendent of Police, CID Crimes and in view of the summary accepted by the Taluka Executive Magistrate, the allegations made by the petitioner that, her son Shivaji died due to torture by the police is not correct. The death of the deceased is natural due to illness, therefore, the petitioner is not entitled for any compensation, as prayed in the Petition.