BIMLA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the judgment dated 15.7.2014, passed by the learned Single Judge, whereby, claim of the appellants, in the context of damages on account of death of Kuldeep Singh, has been dismissed.

(2.) Brief facts of the case are that Kuldeep Singh, aged 40 years (as on the date of filing of the writ petition) was a transporter by vocation and he had gone to Bharatpur to attend the marriage of his relative. On his way back to Ambala on 1.2.1998, his bus was stuck in a traffic jam on account of protest by the locals in respect of brutal killing of one canter driver, namely, Satpal. The protest of agitated mob led to traffic jam, resulting in halting of the bus in which aforesaid Kuldeep Singh was travelling. As per the facts pleaded by the appellants, the police opened tear gass shell as well as lathi charge on the public so gathered on the G.T.Road, Samalkha. Kuldeep Singh had alighted the bus and was entangled in the mob and was found dead in front of the office of Bhartiya Janta Party, where one Raghubir Singh saw him lying dead on the rallying and accordingly, informed the police. According to the appellants, Kuldeep Singh got down from the bus in order to get another vehicle to reach Ambala. The police broke glasses of the vehicles and threw stones on the public and also opened tear gas shell and lathi charge on the public. This sudden act of the police, ultimately, caused panic amongst the people and they started running, which also made Kuldeep Singh to run along with his attachi. This disorder (created panic) coupled with polluted atmosphere, led to the death of Kuldeep Singh on the G.T.Road, Smalkha. The occurrence allegedly took place at about 4.00 P.M. and the dead body of Kuldeep Singh remained lying on the spot for more than two hours.

(3.) The police lodged FIR No.43 dated 2.2.1998 against erring police officials for the offence under Sections 302/34 IPC for causing murder of canter driver Satpal. Two police officials, namely Jai Pal and Charanjit Singh were arrested in the said case. The family of Satpal was paid the interim relief by the Government to the tune of Rs. 1,10,000/- and the episode was widely covered by the local and national newspapers.