PRABIR KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) A petition was filed by one Prabir Kumar Das which was taken up by the Court as a writ petition on behalf of the petitioner. The said writ petition was initiated on the basis of a letter dated 2.1.2004 of the petitioner addressed to the Hon'ble Chief Justice of this Court to the effect that there was a custodial death of one Narayan Behera of Badajoranda village in Kalinga Police Beat House, Talcher, Dist. Angul on 31.12.2003. The said letter reveals that on 29.12.2003 said Narayan Behera was brought by the police to Kalinga Beat House for interrogation in connection with the murder of Kumuda Pradhan, Sarpanch. For three days thereafter, he was kept confined in Kalinga Beat House for interrogation and on 31.12.2003, he was found hanging in the Inspection Room of the Beat House. This action raised vehement public protest and the State Govt. handed over the case to the State Human Rights Protection Cell and declared an ex -gratia payment of Rs. 50,000/ - to the family of the deceased. Xerox copy of the relevant news item which appeared in the Oriya local daily 'The Sambad' has been annexed as Annexure -1 to the petition. On the basis of such a petition being filed, this matter was taken up and converted to a writ petition bearing number W.P.(C) No. 8373 of 2004.

(2.) THE matter was heard by a Division Bench of this Court presided over by the Hon'ble Chief Justice and by an order dated 4.12.2006, the said Division Bench after hearing the parties and perusing the report dated 13.2.2004 submitted by the Human Rights Protection Cell, State Police Headquarters, Orissa, Cuttack, passed an order for interim compensation of Rs. 1,00,000/ - to be given by the State by way of A/c Payee Cheque through the Addl. Sessions Judge, Talcher in favour of Kastu Behera, the father of the deceased Narayan Behera. It is made clear that this interim compensation shall be in addition to the amount which has already been paid. This Court has been given to understand that the aforesaid amount of interim compensation of Rs. 1,00,000/ - and the ex gratia payment of Rs. 50,000/ - have been paid by State Government.

(3.) AFTER considering the aforesaid facts, the findings have been reached by the Addl. Sessions Judge, Talcher and he has clearly held that Narayan was detained in the Beat House from 28.12.2003 till his death on 31.12.2003. Thereafter, learned Addl. Sessions Judge has come to a finding that the dead body of Narayan was not hanging from the ceiling fan but was found in a sitting posture on the cot and the death was found to be due to asphyxia due to hanging and mode of death is suicidal.