SUTENDRA DEBBARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a writ in the nature of Mandamus and/or orders or directions for payment of compensation for violation of Art. 21 of the Constitution of India.

(2.) The facts of the case in brief are that the petitioner is the brother of the deceased Lalit Debbarma son of late Popsingh Debbarma, of Garmaibari village, Behalabari, P. S. Khowai, West Tripura District. The deceased was serving as an Assistant Teacher (Primary) in the pay scale of Rs. 970-2400/-. At the time of his death, he was posted as Assistant Teacher (primary) at Tulsiral J. B. School, Khowai, West Tripura. It is further stated in the writ petition that on 25-6-1999 the deceased after attending his duty at Tulslrai J. B. School, proceeded for home. On the way home in front of Ashrambari B.O.P. the deceased was all on a sudden shot by No. 88944413 CT. Madan Singh of Asharambari B.O.P. with his L.M.G. at about 7.30 p.m. and as a result of which the deceased died. The said C.T. Madan Singh was in the company of No. 80005596 HC Mool Chand, No. 85005796 HC Tassamlal, No. 87005582 L/Nk Purkha Raw, No. 89877575 CT. Shaukhal Manda, No. 92161017 CT, B. D. Paul, No. 97009257 CT. Manjit Nath, No. 97005254 Jagadish Suriya of D. Coy 104 Bn. B.S.F, who were on patrol duty. The petitioner on 26-6-1999 at about 11-30 a.m. lodged FIR to the Officer In-charge at Khowai Police Station highlighting the above incident and requesting that the investigation be made in accordance with law. On the basis of the said FIR, a regular case of Khowai P.S. Case No. 35/ 99 under Section 302, IPC was registered by the Khowai P.S. Post mortem on the body of the deceased was conducted by the Medical Officer, Khowai Hospital. As per post mortem report it was mentioned that one bullet Injury was found on the body of the deceased. The writ petition also states that the death of Lalit Debbarma was caused by the B.S.F. personnel of Asharambari BOP. It was further added that the deceased was unarmed and was killed cold bloodedly. The deceased had left behind him his aged mother who is 80 years old and seven brothers. It was also stated that the mother of the deceased and two younger brothers namely Samlr Debbarma and Satyendra Debbarma were totally dependant on the income of the deceased for their livelihood. It Is also alleged in the writ petition that after the death of the deceased, his aged mother had lost her mental balance due to the death of her son. The writ petitioner further goes to state that to cover up the cold blooded murder of Lallt Debbarma by the said BSF personnel, one Kamal Singh, A/C 104 Bn., B.S.F. lodged a false FIR to the O/ C. Khowai P.S. alleging that on 25-6-99, a BSF party consisting of No. 80005596 HC Mool Chand, No. 85005796 HC Tassam Lal No. 87005582 L/Nk Purka Raw, No. 89877575 Ct. Shaukhal Mandal, No. 92161017 Ct. B. D. Paul, No. 97009257 Ct. Manjit Nath, No. 97005254 Jagadish Suriya ofD Coy 104 Bn., B.S.F. was on patrol duty from 19-30 hours. The said party confronted 5/6 unknown persons who were coming from opposite direction under suspicious circumstances. On being challenged, the unknown miscreants started running away and they were chased by the patrol party. CT. Madan Singh caught hold of one miscreant who tried to Over power him. The said miscreant attacked Ct. Madan Singh and tried to snatch away his personal arms and at that point, CT. Madan Singh fired one round from his 762 SLR. The miscreant fell down, and died on spot. The miscreant was Identified as Lalit Debbarma, the deceased. The said written complaint was treated as FIR which was registered as Khowai P.S. Case No. 34/99 under Section 148/149/ 333/325/307, IPC.

(3.) After investigation by the police, final report In respect of Khowai P.S. case No. 34/ 99 was submitted by the Investigating Officer in the Court of the SDJM, Khowai In connection with G.R. 104/1999. It is fur- ther stated in the writ petition that in the final report, it is established that the entire incident as narrated in the FIR of the BSF was totally false and fabricated and the same was done to destroy the evidence of murder committed by BSF. The I.O. of the case also opined in the final report that the informant and other BSF personnel are liable to be proceeded with under Section 201, IPC. Learned Magistrate accepted the final report submitted by the I.O.