RAMESH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Parents of the deceased Sukanta Das alias Budha Biswal have filed this writ application claiming compensation of Rs. 5,00,000/- for the custodial death of their son.

(2.) Facts are not in dispute. One Abani Kanta Mohanty, son of Krushna Chandra Mohanty of Kalamandap Road, Dolamundei, P. S. Purighat, Dist. Cuttack presented a written report at Purighat Police Station to the effect that at about 7 p.m. of that evening the deceased was caught red handed while taking away three pieces of aluminium bar after committing theft of the same. On the basis of such report, Purighat Police Station Case No. 140 dated 21-06-2003 was registered for the offence under Section 380 of the I.P.C. As the deceased was found to be 14 years old, he was treated as a juvenile delinquent and was produced before the Chief Judicial Magistrate, Cuttack in connection with G.R. Case No. 848 of 2003. The learned Chief Judicial Magistrate, Cuttack remanded the deceased to the observation home at

(3.) Thereafter, the deceased was escorted by Havildar D.D. Naik and C/l 143 A.K. Kanungo to the Observation Home, Berhampur. They were travelling in 6003 Up Howrah-Channai Mail to Berhampur. It is admitted by the opposite parties that the deceased jumped from the running train on 24-06-2003 at about 5.30 a.m. near Dhauli Muhan passenger halt and died at the spot. In this connection, Khurda Road G.R.P.S. U.D. Case No. 8 dated 24-05-2003 has been registered on the report of CI 1143 Amiya Kumar Kanungo and Khurcla Road G.R.P.S. Case No. 59 dated 24-06-2003 under Section 224, I.P.C. on the report of Havildar D.D. Naik have been registered and investigated into.