MARIA KADAISMA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Aggrieved by the custodial death of her husband, a woman belonging to the Kandha tribe, a particularly vulnerable tribal group in Rayagada district in Odisha, has approached this Court seeking justice.

(2.) The incident is stated to have happened on 3/6/2010 when the dead body of Pidera Kadaiska, the husband of Petitioner was handed over to the Sarpanch Subash Majhi and Geroge Kadaiska of village Gerengaguda in Rayagada district where the burial took place. The background facts are that the family of the Petitioner are under the Below Poverty Line (BPL) earning livelihood collecting firewood from forest. It is stated that about a fortnight prior to his death, the Petitioner's husband had gone to Kerala in search of employment and worked in different places in breaking stones and chips.

(3.) On returning to the village, the Petitioner's husband, accompanied by another tribal person Mandha Majhi of the nearby village of Sarikima, went in search of firewood carrying a country made "desi gun" which is used to hunt birds, Rabbit and other small animals as was the usual practice of the tribal in the remote forest areas. It appears that when Pidera Kadaiska, the Petitioner's husband, and Mandha Majhi, were in the forest, the Central Reserve Police Force (CRPF) personnel led by Bhanu Shankar Yadav (Opposite Party No.5) of the CRPF Camp at Rayagada were coming from Gudari towards Chandrapur in course of "naxal" combing operations. Both Pidera and Mandha were caught by them and brought to the Chandrapur Police Station (PS) (Camp). They are stated to have been mercilessly beaten there by the CRPF personnel with the butts of the guns, lathis and kicks.