STATE OF MANIPUR, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF MANIPUR Vs. NINGTHEMCHA ONGBI SHAKHENBI DEVI

JUDGEMENT

(1.) THE present writ appeal has been preferred against the judgment and order dated 31.1.2006 passed by the learned Single Judge in W.P(C) No. 1986 of 2001, by which the learned Single Judge awarded a sum of Rs. 3 lacs towards compensation in favour of the petitioner on the basis of the finding that the son of petitioner, namely, R.K.Laksana @ Vito Singh lost his life while in the custody of the police.

(2.) THE principal facts of the case, bereft of the details, may be recapitulated for a better appreciation of the findings arrived at by the learned Single Judge on which basis the learned Single Judge had awarded the aforesaid amount of compensation.

(3.) MILITANTS fired upon to the police party and one projectile of AK ammunition was recovered and seized by the Investigating Officer from the dead body of the said deceased. It was also stated that as per the report of the ballistic expert, all those fired/empty cartridge cases and projectiles were fired from none of the fire arms used by the police personnel on the said day. In the affidavit -in -opposition filed on behalf of the respondents No. 1 to 4, it has been also admitted that the deceased R.K.Laksana @ Vito was picked up from the house of Sukham Yaima Singh. It has been further stated that he had also disclosed names of his associates who were said to be hiding at some location at Lamding Khunou and that he had agreed to take the police personnel to the spot and while proceeding to the said village, after crossing Mayang Langjing village, the police came under fire from the militants and there was an exchange of fire. When the police personnel returned to the vehicle after the exchange of fire, they found the said R.K.Laksana @ Vito dead with gun shot wounds and the dead body was found lying at some distance from the place where the police party stopped their vehicle. According to the official respondents, it has been stated that in course of investigation in respect of the FIR lodged against the police, no case has been made out against the police personnel and accordingly, final report was submitted to the concerned Magistrate and the case was closed. 4. The learned Single Judge on the basis of the materials available on record in the form of affidavits so filed, came to the conclusion that the deceased son of the petitioner, who was picked up by the police personnel died while in their custody and at the time of death, the deceased was under the control of the police and in their hold and held the police responsible for the death of the petitioner's son and accordingly, by invoking the principle of constitutional tort remedy, proceeded to award the compensation amounting Rs.3 lacs to the petitioner. In para Nos.12, 15 and 22 of the judgment and order, the learned Single Judge has elaborately dealt with the material evidence on record, on the basis of which the learned Single Judge had come to the aforesaid conclusion, which are reproduced hereunder : -