INDRAMANI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ petition claiming compensation for the unnatural death of his son, Deepak Kumar Swain while in custody in Choudwar Circle Jail.

(2.) The case of the petitioner is that his son Deepak Kumar Swain was arrested and remanded to judicial custody by the J.M.F.C, Salipur, as he was implicated in a criminal case being G.R. Case No. 97/ 2003 for commission of offences under Sections 452/294/427/307, IPC. When the said Deepak Kumar Swain was in custody as an U.T.P., he died in S.C.B. Medical College & Hospital, Cuttack where he was taken for treatment. Thereafter, an F.I.R. was lodged by the brother of the deceased before the LLC, Choudwar Police Station on the allegation that they found the body of Deepak Kumar Swain being kept in S.C.B. Medical College & Hospital and there were some injuries on his body and face. The further allegation was that his brother did not die a natural death but was killed by some persons. The said F.I.R. was filed by the brother of the deceased after cremating the dead body. Initially U.D. Case No. 6/11.3.2003 was registered, which was later converted to G.R. Case No. 97/2003 and was registered under Section 302, IPC, which ultimately ended in Final Form and the cause of death, as indicated in the Final Form, was due to over dose of Benzodiazepine, i.e., a sedative group of drugs and due to respiratory failure. The petitioner in the circumstances claims compensation of an amount of Rs. 5.00 lakhs.

(3.) The Superintendent, Circle Jail, Choudwar, has filed an affidavit, in paragraph-4 of which it has been averred that on 10.3.2003 morning the deceased was brought to Dr. L.S. Mohapatra, Jail Doctor, by the Duty Warder, convict Night-Watchman and some room mates for treatment of lacerated scalp injury situated on the left temporal and parietal area with mild rise of temperature and basal crepitation on left lungs. As per the opinion of the Jail Doctor, the deceased was presented before him with violent action, irrelevant talk and mild visual hallucination. As per the query made by the doctor, the injury caused on the head was due to fall on the ground under violent stage. Apart from the same, the deceased confessed before the doctor that he was addicted to Nitroson-10 (Benzodiazepine group of drug), Cannabis, Alcohol and Brown Sugar before he was forwarded to Jail. The injury sustained on the head of the deceased was stitched by the Jail doctor and all the ancillary treatment was given to the patient. As per the post-mortem report, there are all together nine injuries, out of which injury Nos. 1, 4, 5, 6 & 9 are as follows: