KONJENGBAM (O) PISHAK DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri I. Denning, learned Advocate appearing for the petitioner and Shri M. Rarry, learned Addl. Advocate General appearing for the respondents.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to grant rightful and reasonable compensation to the bereaved family of the deceased, the husband of the petitioner who died in the jail custody.

(3.) The petitioner 's son, Shri Konjengbam Yaima @ Tombi Singh got married with Smt. Naorem Asha Devi, daughter of Shri N. Nanda Singh of Serou Mayai Leikai, P.O and P.S Moirang, Bishnupur District, Manipur in the 1st week of December, 2013. The petitioner 's daughter-in-law died on 28-03-2014 by consuming poison because of which a case under FIR No. 26(3) 2014 MRG-PS U/S 498-A/302 IPC was registered at Moirang P.S and in connection therewith, the petitioner, her husband and her son were arrested by the police on 28-03-2014 itself. A request was made by the Investigating Officer, Moirang P.S before the Hon 'ble Chief Judicial Magistrate, Bishnupur for remanding them into judicial custody for a period of 15 (fifteen) days w.e.f. 05-04-2014 to 19-04-2014 and the detention of the petitioner 's husband and her son was extended from time to time. While the petitioner 's husband and her son were in the judicial custody inside the Sajiwa Jail, on 09-03-2015 in the morning, the police personnel/ the officials of the jail informed the petitioner that her husband had died inside the jail as a result of which, a UD case was registered by the Heingang P.S being No. 02/HNG-PS/2015 U/S 174 Cr.P.C. On 10-03-2015, a post-mortem examination was conducted at JNIMS, Porompat and thereafter, a Post-Mortem cum Death Certificate dated 03-06-2015 was issued by the JNIMS, Porompat, Imphal wherein it is stated that the final opinion as to the cause of the death would be given after receiving histo-pathology report of the chemical analysis.