SELINA AKTAR ALIAS KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this writ petition, the petitioners prayed for directing the respondents to pay them compensation of Rs.5,00,000/ - ( Rupees five lakhs) in the form of damage for the killing of Nanu Mia alias Sdo Mia, aged about 28 years, the husband of petitioner No.1, father of petitioner Nos.

(2.) AND 3 and son of petitioner No.4 respectively, due to B.S.F. firing on 05.04.1995 at about 08 -30 a.m. 2. It is inter alia alleged by the petitioners that Nanu Mia alias Sdo Mia was killed by the respondent No.3 under a fake ground that the said Nanu Mia alias Sdo Mia was engaged in smuggling activities and he was chased by the respondent No.3 and that while under chase said Nanu Mia tried to snatch the rifle from the hand of respondent No.3 and at that time respondent No.3, to save his life and weapon fired on the smugglers and as a result Nanu Miah received bullet injuries and died. Thereafter with a view to escape from the misdeeds of respondent No.3, the Company Commander, E.Coy. B.S.F., Kamthana B.O.P. lodged a false FIR before the O.C., Kalamchaura P.S. and that FIR was registered as KLC P.S. Case No. 22 of 1995 dated 05.04.1995 under Sections 307/398 of IPC against 5/6 unknown persons. It is further stated by the petitioners that postmortem was conducted on the dead body of Nanu Miah and it was found that the bullet injury was on the back of the shoulder of Nanu Miah measuring 1/2 '' X 1/2 '' and the exit wound was measuring 1 '' x 1 ''. A copy of the postmortem report annexed as Annexure -2 to the writ petition.

(3.) IT is contended by the petitioners that the deceased Nanu Mia was aged 28 years and was daily labourer by profession and used to earn Rs.100/ - per day in average and he was the sole bread earner of the family consisting of the petitioners and because of his death the petitioners suffered irreparable loss. Respondent Nos. 1, 2 and 3 are responsible for the death of deceased Nanu Miah and therefore, they should be directed to pay compensation of Rs. 5,00,000/ -.