KILAPARTHY VARALAKSHMI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been filed seeking a direction to the respondents to pay a sum of Rs. 5,00,000.00 towards compensation for the death of the husband of the petitioner on 25-8-1993 caused by the second respondent in the lock-up.

(2.) The case of the petitioner is that the deceased Kilaparthy Ramakrishna is her husband. It is stated in the affidavit filed in support of the writ petition that the second respondent has picked up her husband many days prior to 25-8-1993 on a suspicious involvement in a crime and he was tortured to confess the crime which was not committed by him. It is stated that her husband died on 25-8-1993 at 5.00 a.m. unable to bear the torture. Immediately, the second respondent registered a case in Crime No.17 of 1993 under Section 174 of Cr.P.C and an inquest was conducted by the Mandal Revenue Officer and Mandal Executive Magistrate, K. Kotapadu in between 4.00 p.m. and 7.00 p.m. in the presence of the Panchayatdars. The Panchayatdars opined that her husband committed suicide disgusted with life.

(3.) It is stated that subsequently, the third respondent held a Magisterial Enquiry and submitted a report to the District Collector, Visakhapatnam and to the Government of Andhra Pradesh stating that the death of her husband was homicidal and not otherwise.