(1.) Heard Mr. M. Sarania, learned counsel for the petitioner and Mr. A.K. Bhattacharjee, learned senior counsel, assisted by Mr. D.K. Bhattacharjee, learned counsel, appearing for the private respondent No. 7. Also heard Mr. Nur Mohammad, learned State counsel, appearing for the State respondent. By this writ petition, filed under Article 226 of the Constitution of India, Mrs. Dhan Teronpi (since deceased), wife of late Longki Engti (hereinafter, called the deceased) of village Matikhola Dighola Engti Gaon, P.O. Duarbamuni, P.S. Howraghat, District- Karbi-Anglong, Assam prayed for compensation for the death of her husband in police custody and appropriate direction for causing a judicial enquiry through a District Judge.
(2.) The petitioner's case, may, in brief, be stated as follows: The deceased, who was aged about 35 years, was a cultivator and social worker, by profession. On 16.7.2007, at about 9.30 am., he went to Dengaon Bazar (a market) for repairing of his bi-cycle. Sri Jayanta Kalita, the respondent No. 7, who was the officer-in-Charge of Dokmoka Police Outpost, alongwith some police personnel, apprehended him and thereafter mercilessly beaten up, in presence of public, in the market.
(3.) The deceased, after his arrest in the said manner, was taken into police custody. Next morning i.e. on 17.7.2007, at about 7.00 a.m., police called the wife of the deceased to the Police Station, wherein the dead body of her said husband i.e. the deceased was shown to her. She found her husband's face swollen and clotted with blood. She also found that the face of her deceased- husband was disfigured. Subsequently, the dead body of her said husband was handed over to her, after performing post-mortem examination.