SONABAI S WAGHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Kakde, learntd counsel for the petitioner and Shri jaiswal, learned APP for the respondents.

(2.) The petitioner has approached this court invoking its extraordinary jurisdiction under Articles 226 and 227 of Constitution of India, seeking a relief in the nature of writ or direction that this Court should order an inquiry into the matter of death of her son viz. , Pandurang s/o Shivram Waghade, in the District Prison, Wardha and further direct respondents No. 3 and 4 to register offences against the police personnel working in the Police Station, Ashti, District-Wardha and District Prison, Wardha, for causing arrest of her son and torturing him in custody as a result of which he died. The petitioner has also claimed a sum of Rs. Five lakhs by way of compensation for herself and her two grand sons who are minor.

(3.) It is the case of the petitioner that her son Pandurang came to be arrested by Police Station, Ashti, District-Wardha on 15. 5. 2002 and beaten by the police personnel mercilessly and ruthlessly at the time of his arrest and in the police station. On 23. 5. 2002 he was sent to District Prison, wardha, where also he was tortured and beaten mercilessly. The petitioner's son was also exploited for the purposes of doing practice for the ensuing games of the police personnel. It is in the aforesaid circumstances that the petitioner's son died in District prison, Wardha. It is the case of the petitioner that after the unnatural death of her son in the custody, the petitioner was called and her signature was obtained on blank paper and was assured that she will be paid compensation in the sum of Rs. 25,000/-which shall be paid after inquiry into the cause of death of her son is completed.