NUNGSHILILA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the State respondents to pay compensation of Rs. 5,63,000/- along with simple interest at the rate of 12% p.a for the death of the petitioner's husband who was killed by an unknown assailants suspected to be members of underground organization on 28.10.2006.

(2.) The petitioner's husband late Bendangmeren, aged about 48 years of age, and resident of Changtongya Town in Mokokchung district, was killed by unknown assailants suspected to be members of underground organization on 28.10.2006 at a place between F.C.I and Mon View at Changtongya Mokokchung. On the same day, an FIR was registered in the Mon Police Station but no one was arrested in connection with the murder. On 25.05.2007, a final report was submitted by the Investigating Officer of the FIR case which stated that the identity of the culprits could not be ascertained, therefore, no purpose would be served by keeping the case pending. Thereafter, the petitioner has come to this Court praying for issuance of writ of Mandamus directing the respondents to pay compensation for the death of her husband.

(3.) Heard Mr. Sentiyanger, learned counsel for the petitioner and also heard Mr. K. Wotsa, learned Sr. Government Advocate for the State respondent.