BHEDUKI BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) There's none can comfort mother,

(2.) The petitioner has alleged that her son died in jail custody due to the fault of the State Government and as such, the State of Assam is vicariously liable for violation of fundamental rights guaranteed under Article 21 of the Constitution of India The State is also liable to pay adequate compensation for the death of her son.

(3.) This Court, vide order dated 23.12.2010, issued notice upon the respondents making it returnable by 27.1.2011. In reply to the notice, the Inspector General of Prisons, Assam filed an affidavit on 10.3.2011 stating inter alia, that the UTP Mandil Buragohain @ Borgohain died in Sadiya district jail on 30.7.2010 and the post mortem was conducted over the dead body. On receipt of the post mortem report, the Superintendent, District Jail lodged an FIR on 30.8.2010 which was registered as Sadiya Police Station Case No. 52/2010 under section 302 IPC. An affidavit was also filed by the Superintendent of Police, Tinsukia on 10.3.2011 confirming the statements of the IG, Prisons about registration of the aforesaid Sadiya P.S. Case and also initiation of investigation by the Officer-In-Charge of Sadiya Police Station.