RAJESH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are seeking issuance of direction to the respondents to examine the cause of death of Joginder Singh, who died when he was in judicial custody. The petitioners are further seeking grant of compensation to the tune of Rs. 15 lacs.

(2.) RAJESH Kumari -petitioner No.1 alleges that her husband Joginder Singh was lodged in District Jail, Rohtak, in judicial custody in connection with FIR No.81 dated 25.04.1999, under Sections 302, 307, 498 -A IPC, registered at Police Station Meham. On 17.03.2000, when dead body of Joginder Singh was brought to village Mokhra, at that time she came to know that he had died in the hospital on 16.03.2000. Smt. Suresh, sister -in -law, Rajinder Singh, brother -in -law and Smt. Raj Kumari, sister -in -law (jethani) of petitioner No.1 went to the District Jail, Rohtak and came to know that Joginder Singh had died and his dead body was lying in the mortuary of the Medical College, Hospital, Rohtak. On a letter, written by the Superintendent, District Jail, Rohtak on 16.03.2000 (Annexure P -1), an enquiry was ordered. During enquiry, statements of the doctors, pharmacist and warden of jail were recorded in the presence of the Sarpanch of village Mokhra. Dr.Sanjiv Goel made his statement to the effect that this could be a case of heart attack. Copies of statements of Dr. Sanjiv Goel, Dr. Ranbir Singh, Ranvir Singh, Warden, Tej Ram, Warden and Narender Kumar, Pharmacist have been annexed as Annexures P -2 to P -6.

(3.) THE petitioners seek a direction to the respondents to conduct further enquiry in order to find out, "whether Joginder Singh had been killed by someone in jail or he had been killed by the doctors intentionally by not handling the case properly. From the statements made by the doctors, it is ascertained that Joginder Singh was admitted in the hospital after being diagnosed as a heart patient. The petitioners are also seeking further investigation and enquiry into the cause of death, as no ECG was conducted upon Joginder Singh when he was admitted in the hospital.