MONISA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. A. Bhatta-charyya, learned standing counsel for the Revenue Department, representing the State respondent no.1 and Ms. M. Barman, learned Govt. Advocate, representing State respondent nos. 2 to 6.

(2.) The Commissioner and Secretary to the Govt. of Assam, Relief and Rehabilitation Department had issued a notification dtd. 22/9/1998, to provide ex gratia and financial assistance to the persons who were killed/ injured due to extremist violence/ terrorist violence/ acts of miscreant/ communal violence/ ethnic violence/ group-clash/ firing of security forces/ accident, etc., who were kidnapped/ abducted by the extremist/ terrorist/ miscreants and whose dwelling houses are fully burnt/ damaged whether due to acts of extremist/ terrorist/ miscreants or during communal violence/ ethnic violence/ group clash. The quantum of compensation was revised by another notification no. RR.33/2014/66 dtd. 15/11/2014, issued by the Addl. Chief Secretary to the Govt. of Assam, Revenue and Disaster Management Department.

(3.) On 12/5/2021, Ajial Hoque, the father-in-law of the petitioner had lodged an FIR before the Officer-In-Charge, North Salmara Police Outpost that on 6/5/2021, at about 3.00 PM, his son Rahul Hoque along with his colleague were proceeding towards home from Garodokan on a scooter bearing registration no. AS-01-ES-6958 and they were hit by a commercial vehicle bearing registration no. AS-17C-0121 coming from opposite direction in NH-31 at Khargapur and as a result, his son had died on the spot. The dead body was taken to Bongaigaon Civil Hospital, where post-mortem examination was conducted. Accordingly, Abhayapuri P.S. Case No. 430/2021 under Sec. 279, 304-A, 338, 427 IPC was registered.