MOHAMAD NAZMA BEGUM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the wife of one late Sheik Ibrahim, who was an auto driver. They have two children, a daughter and a son. While so, on 16.07.2008 at about 10:00 am when the husband of the petitioner left the house as usual to ply the auto, he did not return home. The petitioner thought that he would come early in the morning. Next day the brother of the petitioner - Chand Pasha, received a phone call from Police verifying the details about the husband of the petitioner and he was informed to come to the Police Station. When the brother of the petitioner went to Mominpet, there were many Police Constables and an Officer including the third respondent, who was the Superintendent of Police of Ranga Reddy District. The third respondent directed him to go to Vikarabad in a Police jeep along with the Inspector of Police. When he went to Vikarabad Government Hospital, he saw the dead body of the petitioner's husband in the mortuary and came to know that he died in the night of 16.07.2008. The petitioner's brother called the petitioner to the hospital. Thereafter they came to know that Sheik Ibrahim died in the Police Station. The dead body was handed over to them at about 11:00 pm on 17.07.2008. After seeing the dead body, the petitioner and her brother noticed injuries on the body. Later on through other auto people and through media they came to know that on the fateful day on 16.07.2008 the husband of the petitioner had a quarrel with a fellow auto driver - Raju, over parking their auto. The said Raju gave a complaint against the husband of the petitioner to the Mominpet Police. At about 6:00 pm the Police came to the petitioner's husband while he was at the auto stand and took him to the Police Station. There he was beat black and blue. There was fracture to his left arm. The Police stated that when he was called to the Police Station and he was asked to sit, there was a power cut for a few minutes. Then he tried to escape and fell down from the second floor of the Police Station. When he was shifted to Vikarabad Hospital he succumbed to death and he was brought dead to the hospital.

(2.) It is the case of the petitioner that her husband did not go to the Police Station either as a complainant or a witness or a visitor. He was taken as an accused by the Police. Though G.O.Ms.No.439, dated 17.10.1999, provides for payment of exgratia of Rs.20,000/ -, no amount was paid. Though Section 176 of Cr.P.C provides for enquiry, no enquiry was conducted. In those circumstances, the Writ Petition was filed challenging the action of the respondents in not holding the enquiry under Section 176 of Cr.P.C and for award of compensation of Rs.10,00,000/ -.

(3.) A counter affidavit was filed by the third respondent stating that, on receipt of communication with regard to filing of the Writ Petition, he summoned the entire CD file in Crime No.77 of 2008 registered for the offence punishable under Section 176 Cr.P.C on the file of Mominpet Police Station, Ranga Reddy District. The records revealed that on the basis of the complaint given on 17.07.2008 at 1530 hours by one Shaik Chand Pasha in Mominpet Police Station, a case in Crime No.77 of 2008 was registered under Section 176 Cr.P.C. It was stated that the Special Executive Magistrate - cum - Revenue Divisional Officer, Vikarabad Division, visited the mortuary of Community Health Centre (APVVP), Vikarabad, on 17.07.2008 and collected the case record from the hospital authorities by securing the presence of two mediators. An inquest was also held over the body of the deceased in their presence. During the inquest the complainant was examined and after conclusion of inquest, the dead body was subjected to postmortem examination with a request to hold autopsy with a team of Doctors under the cover of video in accordance with the instructions of National Human Rights Commission. Accordingly, the team of Doctors i.e., Dr.Pawan Kumar and Dr.A.M.Khan, Civil Assistant Surgeons, Community Health Centre (APVVP), Vikarabad, held autopsy over the body of the deceased. The Doctors opined that the cause of death of the deceased was due to "shock due to extensive hemorrhage due to splenic rupture". After postmortem examination, the dead body of the deceased was handed over to the kith and kin of the deceased for final rites. The records further revealed that the deceased was brought to the hospital on 16.07.2008 at 1950 hours by HG.95 of P.S.Mominpet. As the condition of the patient was critical, he was planned to be referred to the OGH, Hyderabad, at 2010 hours, but as the patient was gasping, semi pallor, emergency CPR was done and he was declared dead in VKB hospital at 2025 hours on 16.07.2008. The inquest report revealed that the deceased received multiple injuries due to falling from the second floor of the building of Mominpet Police Station and while undergoing treatment he succumbed to the injuries at 8.25 pm on 16.07.2008 at "A" Ward of Government Civil Hospital at Vikarabad. The records revealed that on 16.07.2008 at about 1800 hours one Sri N.Raju, auto rickshaw driver, resident of Sadashivpet of Medak District, came to the Police Station of Mominpet and lodged a report against the deceased stating that he picked up a quarrel, abused him and broken his auto front window glass. On receipt of the report, the Sub Inspector of Police, Mominpet Police Station, deputed two Home Guards to bring the said Ibrahim. Accordingly, both of them went and brought Ibrahim to the Police Station and produced before the Sub Inspector of Police. The Sub Inspector of Police found Ibrahim in a drunken condition. Seeing his condition, the Sub Inspector of Police instructed the Police Constables to make him sit in the varanda. At that time there was a power cut. The Constable went in search of candle. In that darkness Ibrahim went to the second floor of the Police Station building and jumped to the floor at about 7:00 pm in an attempt to escape from the Police custody and due to which he sustained injuries. On hearing the sound of thud, the Sub Inspector and others searched and found Ibrahim at the northern side of the Police Station on the ground. The Sub Inspector tried for 108 Ambulance, but he could not secure the same. The Sub Inspector of Police, with the help of the Police Station staff, shifted Ibrahim to road side and sent him in an auto to Vikarabad Government Hospital along with Home Guard to save his life. While undergoing treatment, Ibrahim died at 2015 hours. It was stated that there was foul play suspected in the death of deceased by his blood relatives. Hence, it was a clear case of suicidal death due to jumping from the height. Since the inquest of the deceased was held by the Revenue Divisional Officer, Vikarabad, and post mortem examination was also conducted by the team of Doctors as per the guidelines of the National Human Rights Commission, there was no need to conduct enquiry under Section 176(1) of Cr.P.C by a Judicial Magistrate of First Class and register a case under Section 302 IPC against the policemen.