KAUSHALYA ROHIDAS DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE facts giving rise to this Criminal Writ Petition are in narrow compass and mostly admitted by the Respondents. Rohidas Govind Dighe, the husband of the Petitioner, was prosecuted for offence punishable under section 66 (1) (b) of the Bombay Prohibition Act. He was arrested, but was released on bail. However, thereafter, he remained absent when the matter was called in Court. So a non-bailable warrant was issued against him. He was again arrested on 10-6-1995 and was remanded to judicial custody. Rohidas was seriously ill and, therefore, he was admitted in Government Hospital at Ahmednagar on 2-7-1995. When he was in hospital, there were other two inmates of the jail, who were in the hospital for treatment.

(2.) ON 4-7-1995 at about9. 30 p. m. , the staff Nurse Smt. Sarojini Honkar went into Prison Ward of the hospital to check the saline, which was being administered to Rohidas. At that time, there were two Police Constables who were on guard duty. She asked them to open the lock up to enter into the Prison Ward. Accordingly, the door was opened and she was admitted in the Ward. When she was by the side of the bed of Rohidas, the other two prisoners, Subhash Dada Bobde and Ankush Bhosale, were also near the bed of Rohidas. The nurse was removing the needle of the saline. Then, suddenly, Subhash Dada Bobde lifted the iron saline stand and hit Rohidas on head. Before the police on duty could intervene, Subhash gave one more blow to Rohidas on head. Because of the two blows, Rohidas received serious bleeding injuries. The Police thereafter tried to remove the saline stand from the hands of Subhash Bobde. But, they could do that only when other hospital staff and police came to their help.

(3.) THE petitioner has further contended that the death of her husband took place due to negligence on the part of police, who were on guard duty in the hospital on the night of 4-7-1995. THEre were head constable Shantaram Gaikwad, constable Raffiuddin Shaikh on duty at that time. However, at the time of actual incident, only two police constables were present on the guard duty. THEy failed to take proper precautions. THEy were negligent in duty and, therefore Subhash Bobde could assault Rohidas with the iron saline stand. When the nurse had gone there to look after Rohidas, police constable ought to have accompanied her up to the bed of Rohidas, but he remained behind. THE police had seen both Subhash and Ankush near the bed of Rohidas, but the police did not direct them to go to their own beds. It was negligence on the part of the police to allow the other prisoners near the bed of Rohidas. THErefore, it is contended that because of the negligence of the police on duty, Rohidas was assaulted and he died due to that assault.