KALPANA MANDAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who are the wife and children of one late Sunil Mandal, have filed this writ petition with a prayer to direct the State Government, O. P. 1, to pay them compensation for the death of late Sunil Mandal in police firing.

(2.) An F. I. R. was lodged at Simulia Police Station on 7-2-2002 at about 9 a. m. alleging therein that the bus, namely, 'Dolphine' Dynamic', in which Sunil Mandal was travelling on 6-2-2002, while crossing Simulia Police Station, the Police personnel waived the bus to stop, but the driver instead of stopping it, sped away. The Police van which was chasing the bus started firing at the bus and it was found that the passenger sitting towards the left of the driver was instantly killed in the police firing. After receiving the aforesaid information, a case was registered under Section 304, I. P. C. against some police personnel of Simulia Police Station. Accordingly, charge-sheet was submitted and as stated by the learned counsel for the petitioners, all the charge-sheeted accused persons have been acquitted. The passenger who died in the police firing was none other than the said Sunil Mandal. After post-mortem was conducted on the body of the deceased, the doctor opined that the death was due to shock and haemorrhage following the injury caused to the left Lung and Heart due to gunshot wound over anterior chest wall and the age of the injuries were within 24 hours from the time of post-mortem examination,

(3.) It is worthwhile to mention here that a sum of Rs, 1.00 lakh from the Chief Minister's Relief Fund was paid to petitioner No. 1 on 21-3-2002. On being noticed, a counter-affidavit has been filed on behalf of O. Ps. 3 & 4 sworn to by the Offtcer-in-charge, Simulia Police Station, confirming the allegation of the petitioners that the deceased, Sunil Mandal expired in the police firing while travelling in the bus, on N. H. 5 near village Dhobagadia Crossing under Simulia Police Station and in this connection P. S. Case No. 12 was registered. While narrating the details of the incident in paragraph-6 of the counter-affidavit, the dependent has stated that on 7-2-2002 at about 3 p. m. while the Sales Tax Officer along with Vigilance Officer were checking the buses for collection of penalty due to loading of heavy luggage, the 'Dolphin' bus bearing Regn. No. ORD-5525 on the plea of parking the vehicle, avoided the detention and sped towards Bhadrak. O. Ps. 3 & 4 have not disputed the fact of death of late Sunil Mandal in police firing when he was travelling as a passenger in the bus in question. Further a stand has been taken by the said O. Ps, that the compensation of Rs. 1.00 lakh paid to the petitioners from the Chief Minister's Relief Fund being adequate, the petitioners are not entitled to receive any further amount of compensation.