RADHAKANTA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The instant petition seeks to invoke the extra-ordinary jurisdiction of this Court for grant of compensation for the custodial death of Dhaneswar Pradhan, son of petitioner nos.3 and 4 while lodged in Nayagarh Jail in connection with Ranpur P.S. Case No.136/2004 under Section 376, I.P.C.

(2.) We have heard Mr. D.P. Dhal, learned counsel for the petitioners and Mr. R.K. Mohapatra, learned Government Advocate for opposite party.

(3.) The facts, in brief, necessary for present adjudication, are that the deceased arrested in the above case, while in custody, contacted high fever in the evening of 06.10.2004 and eventually after going into delirium, collapsed on 08.10.2004. The sensational incident received wide coverage in local media. Be that as it may, U.D. Case No.26 of 2004 was registered on this episode. Parallelly, a Magisterial enquiry was also ordered to unearth the correct state of affairs. The Sub Divisional Magistrate, Nayagarh after conducting a fact finding enquiry, submitted his report on 11.10.2004 in which he recorded his conclusion as herein below: