AHALYA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ petition with a prayer to direct the State and its functionaries to pay her compensation for the death of her husband -Pitambar Pradhan in police custody.

(2.) THE brief facts leading to the writ petition are as follows : -

(3.) PERUSED the report of enquiry held into the custodial death of Pitambar Pradhan at Mahanga Police Station. The enquiry report reveals that an F.I.R. was lodged at Mahanga Police Station on 30.1.2003 alleging theft of a colour T.V. from the house of the informant, Jayanta Kumar Bal in the night of 29.1.2003. In absence of the O.I.C., the 2nd Officer, Sri Ramesh Chandra Nayak registered the case and took steps for investigation. In course of recording his statement, the informant gave out that a person had been detained by the villagers of Koliatha, who, it was alleged, confessed before them to have stolen the T.V. So the 2nd Officer proceeded to village Koliatha and on his way, he met the O.I.C. at village Kuanpal and apprised him about the registration of a case and detention of the man at Koliatha U.P. School by the villagers. Ultimately, the Police Officer took the deceased and proceeded to village Vakuda and at the first instance searched the house of the deceased and then the house of Kusel Rout and his brother Rushi Rout. However, they could not recover the stolen T.V. or any other incriminating material and returned to the Police Station with the deceased. It is stated by the 2nd Officer that the deceased was asked to remain present in the Police Station under the surveillance of some of the Gramarakhis. On 31.1.2003 morning at about 9 a.m., the 2nd Officer left Mahanga Police Station for further investigation of the case and after his return to the Police Station arrested the deceased at 4 p.m. and kept him confined in Police lock up. It appears, in that night the 2nd Officer with some other Police staff went to perform Anti Dacoit Patrolling while Sri B.B. Nanda continued to be the sentry. On that day four Gramarakhis, who came to the Police Station to submit their weekly reports, were also there in the Police Station. It appears from the statements of Gramarakhis, Surendra Jena, Rama Chandra Mallick and Constable Sri B.B. Nanda that in that night the deceased died inside the Police Hazat. Thereafter, Sri Nanda lodged a written report before the 2nd Officer, who registered Mahanga Police Station U.D. Case No.5 of 2003 dated 1.2.2003. The report also indicates that according to the Constable, Sri Bipin Behari Nanda, the deceased was sleeping inside the Hazat while he went to pass urine at about 5 a.m. On his return after about 15 minutes when he could not see the deceased in the place where he was sleeping, he went near the Hazat door and looked inside. He further stated that when he could not see him, he opened the Hazat and entering inside found the deceased hanging from the window railing using his full shirt as the ligature. He stated so to the 2nd Officer on his return to the Police Station at about 5.40 a.m. on 1.2.2003 after performing Anti Dacoit Patrolling. It is further indicated in the report that it appears from the statements of the Gramarakhis, who were in the Police Station in that night, that they came to know about the incident when Sri Nanda informed the same to the 2nd Officer.