JAGAT DHAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner aged 65 years has filed this petition under Article 226 of the Constitution claiming compensation for death of his son, Kalyan Sarma, aged 29 years, working as Junior Engineer in the Assam Tourism Development Corporation. At about 7 p.m. or 24.10.1997, Kalyan went out for an evening stroll and was hit by a bullet fired by a policeman. Kalyan was taken to Gauhati Medical College Hospital where the authorities refused to admit him. Thereafter he was rushed to Down Town Hospita.l The petitioner and his wife on getting the information rushed to Down Town Hospital where they found Kalyan lying dead.

(2.) The petitioners case is that while Kalyan along with his friends was standing on the footpath on the western side of R.G. Baruah Road, Guwahati, a person came and told them that a policeman was chasing him to shoot. The man was advised tc take shelter in a nearby PCO. The policeman in uniform appeared and the people started running and the policeman fired a shot which hit Kalyan who fell on the foot-path and died, as stated above. Geetanagai Police Station Case Nos. 97 of 1997 and 98 of 1998 were registered under various provisions of law. The policeman in an inebriated state while on duty committed the offence. The family of the deceased is shocked and bewildered beyond description and rendered helpless on the death of Kalyan. The State did not come forward to render any assistance to the petitioners family and nothing tangible came out of the police investigation in the aforesaid cases registered at the Geetanagar Police Station.

(3.) The State in their affidavit submitted as follows: