STATE OF TRIPURA Vs. NARAYANI SHARMA

JUDGEMENT

(1.) This appeal by the State of Tripura and others, who were respondents in civil Rule No. 482 of 1998, is directed against the judgment and order dated 23-6-1999 (reported in 1999 Cri LJ 3642) passed by the learned single Judge in the said writ petition, directing the appellants to pay a sum of Rs. 2,50,000/- as compensation to the writ petitioner/respondent herein for the custodial death of her son who was about 16 years old, at the relevant point of time.

(2.) The facts leading to the filing of the writ petition is that on the basis of a complaint lodged by one Birendra Debbarma, Assistant Sub Inspector of Police, Ambassa Police Station, in the State of Tripura, Ambassa Police Station Case No. 9(7) of 1991 under Section 457/380 of the Indian Penal Code was registered on the allegation that on the night of 27/28th July, 1991 in between 1.30 hours to 5.00 hours some unknown miscreants entered into his Government quarter by opening the back door and stole away one V. I. P. Suitcase and one black trunk containing of one Service Pistol and one magzine. The police on suspicion arrested Krishna Sharma, son of the writ petitioner on 28-7-1991 and on production before the learned Sub Judicial Magistrate, Kamalpur on 29-7-1991 the police obtained the police remand for 5 days i.e. up to 2-8-1991. After expiry of the police remand, the learned Magistrate on 2-8-1991 sent the acused Krishna Sharma to Jail custody till 16-8-1991. While in jail custody the accused fell ill in the night of 9th and 10th August, 1991, and he was shifted to Kamalpur Hospital in the morning of 10th August, 1991, but immediately thereafter, he died in the hospital. The writ petitioner respondent herein thereafter approached the authority but as nothing was done, she filed the writ petition before this Court, which was registered as Civil Rule No. 482 of 1998, praying for compensation of Rs. 12 lakhs for the custodial death of her son. The learned single Judge, on the basis of the pleading of the parties as well as the records produced before him, by judgment and order dated 23- 6-1999 awarded a sum of Rs.2,50,000/- as compensation for the custodial death of the son of the writ petitioner and directed the State respondents to pay the said sum. Hence, the present appeal.

(3.) We have heard Mr. U. B. Saha, learned Senior Government Advocate assisted by Mr. T. D. Majumder.learned Additional Government Advocate for the appellants and Mr. P. Roy Barman, learned counsel appearing on behalf of the respondent.