NARAYANI SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. R. Barman, learned counsel for the petitioner. Heard also Mr. S. Das, learned Government Advocate. One Krishna Sharma, son of the petitioner while aged about 16 years, a school going boy, was arrested by Police on 29-7-91 in connection with Ambassa P. S. Case No. 9(7)91 under Sections 457 and 380 of I.P.C. The said Krishna Sharma was produced before Magistrate and obtained police remand till 2nd August, 1991. On production before the learned Magistrate at Ambassa, the accused said Krishna Sharma complained of Police torture while in police custody during the aforesaid period of Police remand. I may state here that unfortunately the said complaint made by the accused person was not taken cognisance of.

(2.) On 2nd August, 1991 after production before the Court, accused was remanded to judicial custody. While in judicial custody i.e. in jail, the said accused died on 10-8-91. The dead body of the accused was examined by some Doctors and the post-mortem report is available at Annexure D. The said post-mortem report was signed by three Doctors. Report is as follows :-

(3.) Counter-affidavit has been filed on behalf of the respondents. The fact that the accused Krishna Sharma complained of torture inflicted on his body by Police while in Police custody is not controverted. In substance the contention of the Government is that the cause of death as per the finding of the Doctors is due to Cardio Respiratory Failure in case of Bronchoprecumonia which is natural in nature.